Legal Question in Civil Litigation in California
Clarification of damages
When praying for damages, what is difference? Are Proximate damages the Damages sought to reimburse for other legal issues developed from contract breach? And are damages a general term used on court case forms referring to principal and interest and penalties, etc?
2 Answers from Attorneys
Re: Clarification of damages
In a contract complaint the prayer for damages is usually separated into the specific amounts claimed for compensatory damages, interest, attorney fees, and punitive damages. Sometimes the compensatory damages can be broken down into catagories, but that is not necessary in a judicial council form complaint.
Re: Clarification of damages
This is why prudent people with legal claims retain attorneys, so that all legal issues are spotted and no possibly valid claim for damages is omitted from their legal pleadings. Most attorneys do not use form pleadings except for the simplest of cases. The topic of "remedies," in other words what you get when you win your case, is a semester length law school course. For more information, consult an attorney, or you could go to a law bookstore and buy a book on the subject of Remedies.
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