Re: Damages for repairs

<michaeljc70@xxxxxxxxxxx> wrote in message
news:1157040643.246670.229180@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
If a party is liable for damages for something they did to an item (say
a house or car), what can I recover in a lawsuit? Specifically, if I
buy the materials/parts and do the repairs myself, are my damages
limited to the materials? If this is the case, wouldn't you just pay
someone to repair it (assuming you are going to win the case) to
receive higher damages?

"Damages for something they did to an item" is a bit too general. Damages
to different "somethings" will result in different causes of action, with
different measures of damages. If you give us the details, we can answer
specifically, but meanwhile, here are the general ideas.

The damages recoverable for damage to a house or car would normally be the
cost of having the house restored to it's condition before the damage, or
having the car repaired (subject to the exceptions discussed below). The
damages award is not limited to out-of-pocket costs, like you would incurr
by hiring a contractor or mechanic to do the repairs. If you do the labor
yourself, your time counts as a cost of repair, provided the cost doesn't
exceed what an expert would have cost. But your instinct was right, it
would be better to hire a contractor or mechanic if you are sure to win the
lawsuit, because that makes it easy to prove the amount of your damages.
Also, that would avoid the accusation by the defendant that you caused some
of the damage by inexpert repair work.

The first exception is called waste. You won't be able to get a court to
give you a judgment for damages in the amount you spent having a restoration
expert put your 2003 Honda Civic into precisely the same condition as when
the accident occurred when the alternative was to obtain a fully functional
repair and paint job. In effect, the market value or replacement value of
the item becomes the upper limit of damages. There are exceptions to the
exception, which apply to antiques and things with historical or sentimental
value.

Damages may also be limited by contract. Your contract with your insurance
company will have rules about measuring damages, and you are stuck with
those rules because you signed the contract.

This answer must not be relied on as legal advice for the reasons posted
here: http://mcgyverdisclaimer.blogspot.com

McGyver


.

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