Advisory to the Pro Se Litigant #6: Include a Request for Reparation in Your Lawsuit

When you file a lawsuit, you should articulate your demand. A demand is your request for money as reparation for the loss or injury for which the defendant is liable. If you require the defendant to take action to make you whole, such as physically moving property intruding on your property, you should include that in your demand. Your demand should be sufficiently clear so that a defendant may know what steps it may take to immediately resolve the dispute you are raising. Determining the appropriate amount to demand can be tricky, and is different in every case. The law governing the wrongdoing you are suing about (and the case law interpreting that law) will often dictate what sorts of damages are available to a successful plaintiff. You may want to consult with a lawyer in considering the appropriate amount to demand. Here are some of the typical types of damages that courts may award. (this list is not exhaustive.) Direct damages: Damages for actual losses due to the wrongful act, such as the cost of property damaged by the harm caused. Compensatory damages: Damages deemed to compensate the injured party for losses sustained as a direct result of the injury suffered (other than those considered direct damages). Punitive damages: Damages awarded to punish the wrongdoer. Double or treble damages: In some cases, such as in cases of unpaid wages, courts may award damages in an amount of two or three times the amount for which the wrongdoer is found liable. Expectancy damages: damages recoverable for breech of contract, designed to put the injured party in the position he or she would have been in had the contract been completed. Emotional damages: damages recoverable to compensate for emotional injuries for a harm done.