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Sam
Sam, Attorney at Law
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Experience:  20 years of experience practicing law.
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What is punitive damages and affirmative damages? What is the

Customer Question

What is punitive damages and affirmative damages? What is the difference between punitive and affirmative damages and regular damages?
Submitted: 12 months ago.
Category: Legal
Expert:  Sam replied 12 months ago.
Hello

Welcome and thank you for your question I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

What is this in regard to? What type of lawsuit, please?
Customer: replied 12 months ago.


It is a civil litigation case where my former family law attorney is suing me for non-payment. I did a cross complaint for fiduciary duties, breach of contract, breach of good faith in dealing and for each I asked for damages. The judge said if I want my cross complaint to be heard in court (due to arbitration clause we had) I have to eliminate any punitive and affirmative damages from my cross complaint. Now I want to know if I can ask for any kind of damages or punitive and affirmative means I cant ask for any damages. By the way we are in California... if that matters.


thanks

Expert:  Sam replied 12 months ago.
Hello

Right. And so what you are going to seek are Compensatory damages. That means you only want compensation or reimbursement for any fees you alread paid because your attorney failed to perform the way you feel was appropriate.

Punitive damages means you want "extra" compensation as a punishment.

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21727
Experience: 20 years of experience practicing law.
Sam and 17 other Legal Specialists are ready to help you
Customer: replied 12 months ago.

Thank you for your response. I need a little more clarification please.


For example if the attorney failed to get me reimbursement for a certain item with the following situation:


 


item price/amount that I did not received because of attorney's failure: 10,000


 


The amount that I paid for attorney fees and costs for him to fight this issue for me: 5,000


 


can I ask for the $10,000 that I did not receive or just the $5,000 that I paid him?


 

Expert:  Sam replied 12 months ago.
Hello

That would not be compensatory. You would not be able to make a claim on speculation of what you could have gotten because even if he would have done what you feel should have been done there is no guarantee you would have won that part of your case.
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21727
Experience: 20 years of experience practicing law.
Sam and 17 other Legal Specialists are ready to help you
Customer: replied 12 months ago.


lets say that I do have proof that if he had done his job right I would have been awarded with the item. can I ask for damages or it falls under punitive and affirmative damages?


by the way what is affirmative? same as punitive?

Expert:  Sam replied 12 months ago.
Hello

It would not be compensatory and therefore, I suggest be thrown out. But you can try and argue it

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