What is an ad damnum clause in an insurance litigation case?

An ad damnum clause is a legal term used in an insurance litigation case to determine the financial value that a plaintiff is seeking in damages. In California, an ad damnum clause is often the first part of a complaint that a plaintiff files with a court. The clause typically includes the total amount of money the plaintiff is seeking as damages, including attorney fees and court costs. The ad damnum clause is important because it lets the defendant know how much they will be liable for if they lose the case. In addition, the ad damnum clause allows the court to ensure that the plaintiff’s demands are reasonable and not excessive. In the event that the defendant does not accept the damages set by the plaintiff, the case will usually proceed to trial. If the case goes to trial, the ad damnum clause will serve as a basis for the judge to decide the amount of damages the defendant should pay, if any.

Related FAQs

What is a motion in limine in an insurance litigation case?
What is a motion for summary judgment in an insurance litigation case?
What is a bifurcated trial in an insurance litigation case?
What is the statute of limitations for pursuing an insurance litigation claim?
What is the difference between an insurance mediation and an insurance arbitration?
What is the discovery process for an insurance claim?
What is a punitive damage claim in an insurance litigation case?
What are the different types of motions in an insurance litigation case?
How do I determine the amount of damages I am entitled to in an insurance litigation case?
What is an insurance subrogation claim?

Related Blog Posts

5 Factors to Consider When Choosing an Insurance Litigation Lawyer - July 31, 2023
What You Should Know About Insurance Litigation Law in 2021 - August 7, 2023
Understanding the Process of Insurance Litigation Law - August 14, 2023
How to Avoid Insurance Litigation Litigation - August 21, 2023
9 Essential Steps to Resolve an Insurance Litigation Dispute - August 28, 2023