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. [citation needed]
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] Federal judge Walter Rivera used this reasoning when ruling in a parallel case in court filing found on nycourts.gov; “The failure to bring a late claim application before the expiration of the relevant statute of limitations would preclude the Court from considering the application because the failure to file a late claim application within the proscribed time period is a jurisdictional defect and the Court is without discretionary power to grant nunc pro tunc relief".[9]
References
- ^ a b "Her Majesty's Court Service web site". Archived from the original on 2008-06-10. Retrieved 2008-05-05.
- ^ Lawyer Supermarket web site
- ^ Pakistani courts' official web site
- ^ Woolf Report, search for "unspecified claim".
- ^ Her Majesty's Revenue & Customs web site
- ^ David D. Siegel, ed., New York State Law Digest, No. 568, April 2007, at 1.
- ^ N.Y. Civil Practice Law and Rules (CPLR) section 3017 (c).
- ^ 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 [1].
- ^ "Personal Injury Lawsuits & Unspecified Claims|How To Avoid Dismissal". June 21, 2018.
See also