What is a pecuniary damage?
Asked by: Prof. Kendall Ortiz Jr. | Last update: August 26, 2025Score: 4.2/5 (6 votes)
Pecuniary damages are economic losses that can be easily quantifiable - money lost, future lost earnings, medical bills, etc. Non-pecuniary damages are things that have no clear monetary value that have been damaged by the defendant. These include mental anguish and pain and suffering.
What is an example of a pecuniary damage?
Examples of pecuniary damages
Some common pecuniary damages in personal injury cases include: Ambulance and emergency care bills. Hospital bills, doctors' bills, medication costs, etc. Lost wages (including losses incurred by a claimant's inability to work as a result of their injury)
What is an example of pecuniary?
If something has to do with money, it's pecuniary. If your grandfather's antique watch has pecuniary value, it's worth money — you could sell it for cash if you weren't sentimentally attached to keeping it.
What is an example of punitive damages?
A drunk driver going 80 mph in a 35 mph zone causes a devastating accident. Punitive damages would punish this extremely reckless behavior. A surgeon botches a surgery while under the influence of prescription drugs used recreationally. Punitive damages would punish their medical malpractice.
What does pecuniary mean in law?
“Pecuniary” is an old-fashioned word for “monetary.” Attorneys use “pecuniary loss” to refer to a loss of money or value that someone suffered because of a legal wrong. This includes expenses that they had to pay, property they had to pay to replace, or opportunities for payment that they lost.
Pecuniary Damages vs. Non-Pecuniary Damages
What is pecuniary or non pecuniary damage?
The criteria established by the Court's case-law when it rules on the ques- tion of just satisfaction (Article 41 of the Convention) are: (1) pecuniary damage, that is to say losses actually sustained as a direct consequence of the alleged violation; (2) non-pecuniary damage, meaning compensation for suffering and ...
What is the meaning of pecuniary?
pecuniary. adjective. pe·cu·ni·ary pi-ˈkyü-nē-ˌer-ē : consisting of, measured in, or relating to money.
What type of damages are awarded for pain and suffering?
Damages for personal injury cases related to pain and suffering specifically include compensation for essentially having to “go through” the physical and/or emotional pain and suffering that you otherwise would never have to go through if this injury accident never occurred.
What evidence is needed for punitive damages?
You must present “clear and convincing” evidence to win punitive damages. To meet this burden, you must prove that your claim is substantially more likely to be true than untrue. In medical malpractice cases, you can only request punitive damages if the court permits you to file an amended claim requesting them.
Is emotional distress punitive damage?
For example, if a hospital failed to obtain informed consent from a patient for a medical procedure and the patient suffered severe personal injury or emotional distress as a result, punitive damages may be awarded in addition to other compensatory damages such as hospital bills and lost wages.
What are the actual pecuniary damages?
Pecuniary damages are economic losses that can be easily quantifiable - money lost, future lost earnings, medical bills, etc. Non-pecuniary damages are things that have no clear monetary value that have been damaged by the defendant. These include mental anguish and pain and suffering.
What is a pecuniary amount?
A pecuniary bequest is a gift of a specific dollar amount (rather than a share, fraction or percentage of assets).
What is pecuniary liable?
Pecuniary Liability
Being pecuniarily liable means that the Accountable Officer must repay, out of his or her own money, any funds for which he or she is accountable that have been improperly disbursed. Certifying Officers are one of several types of Accountable Officers.
What are special pecuniary damages?
Special Damages – also called economic damages – include tangible losses such as medical expenses, lost wages, and any other out-of-pocket expenses incurred from the injury. General damages – also called non-economic damages – comprise intangible losses such as pain and suffering.
What is a victim pecuniary damages statement?
Pecuniary damages are all special damages, but not general damages, which a person could recover against the defendant in a civil action arising out of the facts or events constituting the defendant's criminal activities and includes: Losses including earnings and medical expenses.
Are pecuniary damages taxable?
The good news is that, in most cases, personal injury settlements are not taxable in California.
How does a judge determine punitive damages?
418, the California Supreme Court articulated 'three guideposts' for courts reviewing punitive damages: “(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the ...
Does insurance cover punitive damages?
While most states allow an insured to shift punitive damage awards to the insurer, a few prohibit this outright. Some states cap punitive damage awards and are generally considered more defendant-friendly, while others are deemed more plaintiff-friendly.
What are monetary damages?
“Money damages,” or monetary damages , are a type of relief that awards money as compensation for some injury . Unlike the amount asked for in a money demand , the amount of money damages is not immediately obvious from the facts of the case , and must be assessed by the trier of fact .
What is a typical amount of pain and suffering?
According to insurance data, the average payout across the U.S. for a pain and suffering settlement in a personal injury case is approximately $15,000.
What is the average settlement for PTSD?
The average PTSD settlement amount is often between $10,000 and $100,000. Factors that influence the amount include injury severity, loss of income, how fault is determined, and the impact of injuries on everyday life.
How does suing for emotional distress work?
In an emotional distress claim, proving that the defendant acted with intent is key. This means showing that they knew or should have known their actions would cause serious distress. Your lawyer will start by gathering evidence such as emails or text messages, which can be crucial in establishing this intentionality.
What are the pecuniary damages?
Pecuniary damages are damages that compensate a plaintiff for actual and quantifiable economic losses which are incurred or will be incurred as a result of an injury or loss. These damages include losses that occur before trial, typically called special damages (or out-of-pocket expenses) and future losses.
What is the pecuniary limit?
As per A.P Civil Courts Act the pecuniary jurisidiction of the courts is as follows: Suits amounting up to Rs. 3,00,000/- lie before the Junior Civil Judge's Courts.
What is a pecuniary payment?
Pecuniary Compensation is a fancy way of talking about money that you get for a specific reason. For example, if you worked for 5 hours and you got $50, that $50 is your Pecuniary Compensation - it's money you're given as a payment.