How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32907
Experience:  Began practicing law in 1992
11068102
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

In a FL Civil Action heard in Federal Court, can emotional

This answer was rated:

In a FL Civil Action heard in Federal Court, can emotional duress and loss of credit be claimed where allegations of theft and deceptive practices is part of the complaint, and if so, do these need to be claimed as separate counts, or just included in the general allegations?

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Emotional Duress and Loss (or Reduction) of Credit Score would be claimed as elements of damages and not as counts or allegations in the cause of action.

Dwayne B. :

They would be included in the damages section detailing what the actions of the other party caused.

Customer:

Good morning. Thanks for such prompt reply. Just to be clear, these are part of the first couple pages of the complaint, where "Parties," "Venue," and a brief summary of the complaint are all spelled out, correct?


Customer:

Form is my question, I guess.

Dwayne B. :

It depends on your format. Some people place the damages in a very general paragraph in the first few pages, some do that and then give a detailed breakdown at the end, and some just do it at the end of the complaint. I have always saved my damages paragraphs for the end of the complaint.

Dwayne B. :

In other words, the general outline I use would be:

Dwayne B. :

Parties

Dwayne B. :

Venue

Dwayne B. :

Jurisdiction

Dwayne B. :

Description of Facts

Dwayne B. :

Cuases of Action

Dwayne B. :

Damages

Dwayne B. :

Prayer

Customer:

And whether they are front or back, they are still just stated in a summary fashion, but perhaps brokend down with (1)...(2)...(3), etc.? To keep the complaint simple, yes?

Customer:

(1) the loss of use of his personal property (“Property”); (2) the loss of personal income (“Income”) derived from the use of that property; and (3) the loss of corporate equity (“Equity”) diminished or lost; (4) loss of personal credit and professional standing (“Credit”); (5) emotional duress (“Duress”);

Customer:

or is this too much?

Dwayne B. :

That looks fine to me.

Dwayne B. :

I like to use specific paragraphs for each set of damages and that way they are easier to track and prove.

Dwayne B. :

Plus the federal system prefers that format.

Customer:

Great. Yes, I did that on an earlier draft, and I think I will return. I know each complaint has its own attorney's signature to style. Some excellent attorneys are poor drafters, and some poor attorneys write pretty complaints. So I appreciate your input. I appreciate the note on the Federal point to; it is a jurisdiction that is much easier to navigate over State court, once you get used to it. Thanks again. (Michael)

Dwayne B. and 9 other Legal Specialists are ready to help you
You're very welcome and best wishes to you.
Dwayne B. and 9 other Legal Specialists are ready to help you
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.
Customer: replied 3 years ago.

You're welcome. Will do.

Related Legal Questions