When filing a civil lawsuit, is it possible to file for unspecified monetary damages?

Question

When filing a civil lawsuit is it possible to file for uspecified damages rather than setting a specific amount?

Answer 1

It is not. You must list an amount within your jurisdictional limit.

Answer 2

All of the above  (but egg) are wrong.  The correct answer is:  It depends upon the law of the jurisdiction creating the court.  Some courts have express jurisdictional minimums or maximums or both.  In such courts, unless the claimed damages are within the court's legal or contitutional jurisdictional limits the claim is subject to dismissal.

For instance:  For Federal courts; suits based solely on diversity of citizenship -- between citizens of different states, but not on a Federal statute -- have a minimum jurisdictional requirement of $75,000.   Any such suit that fails to allege that amount of damages or more will be dismissed.

Answer 3

It MAY be possible, depending on the rules of civil procedure in your state.

Usually you need to calculate what your damages actually are, or are projected to be. There are situations where you'll need to request damages "in excess of $XXXX" in order to get into certain courts.

The purpose of monetary damages are to "make you whole," so you need to account for the amount that will accomplish that end.

It's not the lotto.

Answer 4

Lex is wrong.

You can file a suit for damages with an unspecified amount.  This is usually always the case in lawsuits where there are claims which don't really have an exact figure -- say you lost an arm or a leg.  What is the value of that?  A jury would decide the value, so you can't put an exact amount in at the beginning of the lawsuit.

Usually, this is stated in the complaint as something like "Plaintiff has been damaged in an amount to be proven at time of trial."

Answer 5

It is possible to file a lawsuit for unspecified monetary damages.  However, you should be aware that at least one Court of Appeals recently held that a failure to plead a dollar amount as damages in a pending claim constitutes a jurisdictional defect and rendered the claim subject to dismissal.  

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 claim where medical bills are still being accrued and cannot be specified at the time of filing of the complaint.

Now - go consult with an attorney if you feel you have a valid lawsuit and get their opinion on all this before doing anything you will regret later.  Keep in mind that filing a lawsuit is opening your entire life to very close scrutiny.  It is not to be taken lightly.

Answer 6

Yes, you can make a claim for "General Damages" which includes claims for future losses or anything else that cannot readily be calculated by adding up receipts, invoices or bills : pain and suffering, loss of enjoyment of life, loss of future wages, future medical bills, etc.

"Special Damages" are those that CAN be easily calculated with the use of documentation (hard copies of bills, etc.).  You can include both types of damages in your claim.

There are certain types of claims, however, which cannot include general pain and suffering.  Check with your local court registrar.