A legal document that sets out the full particulars of the types of damage that are being claimed by the plaintiff is known as a Statement of Damages. It includes a detailed summary of the plaintiff’s injury, treatment received or damage to property, etc. The plaintiff in this context is the person or entity who is filing the lawsuit and the defendant is the person or entity being sued. It is commonly used in two cases, one is in personal injury cases and the other is in fatal accident cases.
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How to Request for a Statement of Damages?
A request for a statement of damage is used by a defendant in a personal injury or a wrongful death case. Certain steps can be followed while preparing to request a statement of damages.
Step 1: Address
The first thing while requesting a statement of damages must be to provide a detailed address. Mention the party that is the plaintiff to which you are sending this request letter. It can be an attorney or any particular party and also provide the address that may include the name of the street or town, etc.
Step 2: Purpose or Subject
The next part is providing the main purpose. You can just simply mention ‘Request for Statement of Damages’
Step 3: Body
Now comes the important part and that is the body. This will include a simple request by the defendant to the plaintiff for a statement of damages. This is a notice to the other party for providing this particular statement that will be setting forth the nature and amount of damages that are being sought against the defendant.
Step 4: Declaration and Signature
You can end it by providing a declaration that the said statement of damages. It mentions that must be in writing and served on the requesting party with 15 days of the date of service of this request for a statement of damages. After this, the attorney or any party must sign it along with the date.
Step 5: Proof of Service
This document is generally attached to it that lays down proof of service by the one who is providing the paperwork. It must be signed by the person serving the papers after declaring that the foregoing is true and correct under the law.
What Does a Statement of Damages Include?
A Statement of Damages commonly includes the following information:
1. Personal Injuries Cases
1. In the case of personal injuries, a statement of damages will start with the plaintiff’s date of birth followed by the summary of the plaintiff’s injuries. This includes information like the treatment received, any permanent disability, if any, that is suffered by him/her as well as the prognosis in respect of such disability. Any kind of special damages that are claimed for losses and expenses that are already sustained will also be included.
2. Fatal Accident Cases
1. Fatal accident cases may include cases related to medical negligence as well. It covers the name and date of birth of each dependant and their status. It will also include the date of birth of the deceased, his/her occupation and income on the date of the accident. An estimate of the claim for loss of accumulation of wealth must also be included as well as the amount that is claimed as damages for loss of society.
What is a Statement of Claim?
An official and legal document that is used when you get indulged in a dispute with another party and it has escalated to court is known as a statement of claim. This document is typically used to lay out a summary of the facts supporting your case. This is very important because you must set out your claim correctly. In case you fail to do that, either the court or the other side will ask you to re-issue your statement of claim. This will cause delays to the hearing of your case. The statement of damages is considered as a part of the statement of claim as it is attached to it as one of the documents that is required while making a claim.