Unspecified claim

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

Examples of unspecified claims are unspecified damages for personal injuries, such as from a motor vehicle accident (MVA) or medical malpractice.

Unspecified claim was previously known in the common law, especially in Britain and Pakistan, as an unliquidated claim. [1] [3] [4]

In British tax law, an unspecified claim is also any unspecified tax liability. [5]

Under New York civil practice, "stating a specific sum in (a) personal injury complaint" is normally barred. [6] Technically, it is not strictly prohibited, but it prevents adding additional damages to jury instructions.[7] However, under a recent New York Court of Appeals case, stating a specific sum is mandatory in Court of claims practice, so an unspecified claim "can lead to the loss of the claimant's whole case.[8]

References

  1. 1 2 Her Majesty's Court Service web site
  2. ↑ Lawyer Supermarket web site
  3. ↑ Pakistani courts' official web site
  4. ↑ Woolf Report, search for "unspecified claim".
  5. ↑ Her Majesty's Revenue & Customs web site
  6. ↑ David D. Siegel, ed., New York State Law Digest, No. 568, April 2007, at 1.
  7. ↑ N.Y. Civil Practice Law and Rules (CPLR) section 3017 (c).
  8. ↑ D. Siegel, ed., New York State Law Digest, No. 568, April 2007, at 1, citing Kolnacki v. State, 8 N.Y.3d 277 (2007), pdf file at .

See also


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