What is the process for determining awards of damages under Admiralty Law?

Under Admiralty Law, the process for determining awards of damages is relatively complex. The court will first need to determine if a party has suffered some form of damage due to the negligence of another. This could involve physical damage to property, loss of life, or economic loss due to the negligence of a party. After a party has been found liable, the court will then determine the amount of damages that should be awarded. Generally, the amount of damages is based on the principles of restitutio in integrum, which essentially means that the court should seek to make the harmed party whole again. In other words, the court will attempt to award damages that will cover all costs directly associated with the injury or loss of property, including medical bills, lost wages, and other expenses. The court may also award punitive damages in addition to compensatory damages if the harm caused by the negligence was particularly egregious. In Nebraska, the court may also consider the "made whole" doctrine, which stipulates that a plaintiff can only receive damages if they are made whole again. In other words, if the plaintiff is not able to return to the financial position they were in prior to the harm caused by the negligence, then they may not be able to receive damages. This is based on the grounds of fairness and equity, as allowing a plaintiff to be compensated for an injury or loss that they are unable to repair would be unjust.

Related FAQs

What is the scope of Admiralty Law with respect to maritime labour law?
What is the scope of Admiralty Law with respect to maritime environmental regulation?
What is the Admiralty Law relating to ship registration?
What is the scope of Admiralty Law related to the enforcement of liens?
What is the Admiralty Law relating to contracts between parties in different countries?
What is the scope of Admiralty Law with regard to international trade disputes?
What are the different types of Admiralty Law?
What is the scope of liability for criminal acts under Admiralty Law?
What is the scope of Admiralty Law with regard to maritime traffic control?
What is the Admiralty Law relating to marine salvage?

What is the process for determining awards of damages under Admiralty Law?

Related FAQs

Related Blog Posts