This page is continued from Getting Started >>>> Civil Complaint Self-Help Walkthrough >>>> Section 2. Which type(s) of Injuries and/or Loss(es) were Suffered?:
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In section 1 you assessed which type of tort (or breach of contract) occurred, and in section 2 you assessed which types of injuries and losses occurred as a result thereof. Now it is time to consider which form(s) of relief you’ll be requesting from the court.
relief – the objective of an action, proceeding, or motion; an award of damages or a judgment, decree, or order requiring an adversary to perform as directed or to refrain from specified conduct.
In summary, the court will generally award monetary relief in the form of damages, or nonmonetary forms of relief known as equitable remedies, which the court may grant via what is known as injunctiive relief. Depending upon the circumstances, the court may grant both damages and injunctiive relief.
damages – money claimed by, or ordered to be paid to, a person as compensation for loss or injury.
equitable remedy – non-monetary form(s) of relief, enforced by way of filing for an injunction.
- injunction – a court order commanding an action to be done, or preventing an action from being done. — aka writ of injunction; equitable injunction.
Damage Assessment:
To help you assess total damages, if any, you may be due, we’ve assembled the following page:
Damage Assessment Made Simple.
Injunctive Relief:
First off, if you may be seeking an injunction, first consider the irreparable-injury rule:
irreparable-injury rule – the principle that equitable relief (granted via an injunction) is available only when no adequate legal remedy (damages) exists . — aka adequacy test.
- irreparable injury – an injury that cannot be adequately measured or compensated by money and is therefore often considered remediable by injunction.
To assess which type of injunction may best serve your needs, check the following link:
How Do I Request Relief from the Court?
The initial pleadings in a civil action is the complaint (Rule 3 Fed. R. Civ. P.), which may be found on UScourt.gov. Page 4 of the civil complaint form reads:
“State briefly and precisely what damages or other relief the plaintiff asks the court to order.“
Although this is the appropriate place to request the types of relief you’re seeking, prior to filing the complaint and commencing the action, there is one more step! First you must provide notice, and then file a claim:
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