I was falsely accused of colluding with a defence witness by the negligent party’s insurance company; can I claim for aggravated damages?
Generally speaking, obtaining compensation for aggravated damages is not very common; however, when a plaintiff asks “can I claim for aggravated damages?” the answer is a possible, yes. However, it must be proven that exceptional harm has been caused to the plaintiff by a tort action.
When a plaintiff asks “can I claim for aggravated damages?” it is safe to say that they have been extremely perturbed by the insurer’s accusations against them. You could be awarded for aggravated damages if it can be shown that your character has been attacked and that this emotional injury has been caused by the actions of the defendant’s insurance company.
Although the aspect of aggravated damages is unusual, there are occasionally successes. For example, a plaintiff in a car accident case recently received compensation for aggravated damages from the negligent party’s insurance company after they failed to pursue allegations of conspiracy against the plaintiff.
Earlier on in the case, the negligent party had sworn an affidavit regarding the events that happened at the time of the accident. The judge presiding over the case, however, recognised that the allegation had not been pursued at the hearing and thus ordered the insurance company to pay aggravated damages of 3000 euros in addition to the 7,750 euros of the plaintiff’s personal injury compensation award.
The most effective way to hear an accurate answer to “can I claim for aggravated damages” would be to consult with your solicitor and discuss the nature of the events prompting you to make this additional claim.
