An unliquidated tort claim is a type of lawsuit in which the amount and liability cannot be calculated mathematically. For example, suppose you were to find yourself involved in an accident caused by another driver. In that case, it will not always be clear how much pain they have suffered or what damages are owed without holding an evidentiary hearing.
Claims For Liquidated And Unliquidated Damages
Liquidated damages are a set amount of money that is agreed upon before starting and then paid if something goes wrong. This usually happens with loans or contracts where one person agrees to do some work for another, like building a house together. Suppose someone breaches their contract by not finishing what they were supposed to do on time. In that case, you can calculate how much each day it was delayed as liquidated damages because there is an established method already determined ahead of time!
Unliquidated damages result from not knowing the specific formula to calculate them, so they need to be proven in court. Unliquidated damage is different depending on what you’re claiming- if it’s for an alleged negligent act or omission, then unliquidated damage can vary from case to case because each allegation could have varying outcomes that affect how much money should be awarded as well as when it should take place.
It is very important to know all the facts of a case when calculating damages. You may have high or low amounts that could make your calculations more accessible, but you should be able to account for it in any event. The other side will often need help with disputing certain aspects and figuring out how much they will claim from their opponent.
In the event of an injury, it may be essential to work with a professional witness who can provide expert evidence on how damages should be calculated. For example, for injuries caused by delays in developing or selling property or exercising their technical expertise as builders.