Unspecified claim

From Wikipedia, the free encyclopedia

An unspecified claim is a tort claim "where the amount to be awarded is left to the Court to determine." ^{[1] [2] [3]}

Examples of unspecified claims are unspecified damages for personal injuries, such as from a motor vehicle accident (MVA) or medical malpractice.^{[citation needed]}

Unspecified claim was previously known in the common law, especially in Britain and Pakistan, as an unliquidated claim. ^{[4] [5] [6]}

In British tax law, an unspecified claim is also any unspecified tax liability. ^[7]

Under New York civil practice, "stating a specific sum in (a) personal injury complaint" is normally barred. ^[8] Technically, it is not strictly prohibited, but it prevents adding additional damages to jury instructions.^[9] However, under a recent New York Court of Appeals case, stating a specific sum is mandatory in Court of claims practice, so an unspecificed claim "can lead to the loss of the claimant's whole case.^[10]

[edit] References

[edit] See also

• Liquidated damages
• Valid claim