Unspecified claim
Encyclopedia
An unspecified claim is a tort
claim "where the amount to be awarded is left to the Court to determine."
Examples of unspecified claims are unspecified damages for personal injuries, such as from a motor vehicle accident (MVA) or medical malpractice
.
Unspecified claim was previously known in the common law
, especially in Britain
and Pakistan
, as an unliquidated claim
.
In British
tax law
, an unspecified claim is also any unspecified tax liability.
Under New York
civil practice
, "stating a specific sum in (a) personal injury complaint" is normally barred. Technically
, it is not strictly prohibited, but it prevents adding additional damages
to jury instructions
. However, under a recent New York Court of Appeals
case, stating a specific sum is mandatory in Court of claims
practice, so an unspecified claim "can lead to the loss of the claimant's whole case.
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
claim "where the amount to be awarded is left to the Court to determine."
Examples of unspecified claims are unspecified damages for personal injuries, such as from a motor vehicle accident (MVA) or medical malpractice
Medical malpractice
Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. Standards and...
.
Unspecified claim was previously known in the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, especially in Britain
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, as an unliquidated claim
Liquidated damages
Liquidated damages are damages whose amount the parties designate during the formation of a contract for the injured party to collect as compensation upon a specific breach ....
.
In British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
tax law
Tax law
Tax law is the codified system of laws that describes government levies on economic transactions, commonly called taxes.-Major issues:Primary taxation issues facing the governments world over include;* taxes on income and wealth...
, an unspecified claim is also any unspecified tax liability.
Under New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
civil practice
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
, "stating a specific sum in (a) personal injury complaint" is normally barred. Technically
Legal technicality
The term legal technicality is a casual or colloquial phrase referring to a technical aspect of law. The phrase is not a term of art in the law; it has no exact meaning, nor does it have a legal definition. It implies that that strict adherence to the letter of the law has prevented the spirit of...
, it is not strictly prohibited, but it prevents adding additional damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
to jury instructions
Jury instructions
Jury instructions are the set of legal rules that jurors should follow when the jury is deciding a civil or criminal case. Jury instructions are given to the jury by the jury instructor, who usually reads them aloud to the jury...
. However, under a recent New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
case, stating a specific sum is mandatory in Court of claims
Court of Claims
The Court of Claims in the United Kingdom is a special court established after the accession of a new Sovereign to judge the validity of the claims of persons to perform certain honorary services at the coronation of the new monarch....
practice, so an unspecified claim "can lead to the loss of the claimant's whole case.