Aggravation of damages refers to the increase in monetary compensation that a plaintiff seeks in a lawsuit due to the defendant's conduct. The spelling of the word "aggravation" is [æɡrəˈveɪʃən], with the stress on the second syllable. The "a" in the first syllable is pronounced like the "a" in "cat," and "v" in the second syllable is pronounced as a voiced labiodental fricative. The word "damages" is spelled as [ˈdæmɪdʒɪz], with the stress on the first syllable and the "g" pronounced as a soft "j."
Aggravation of damages refers to a legal concept and term used in civil law to describe a situation where additional compensation, beyond the basic award, is granted to the plaintiff in a lawsuit. It occurs when the defendant's wrongful actions or misconduct aggravate, worsen, or intensify the damages suffered by the plaintiff.
In this context, aggravation of damages is applied when the defendant's behavior or actions exacerbate the harm caused to the plaintiff. It recognizes the fact that the defendant's conduct, whether intentional or negligent, has increased the severity of the injury or loss suffered by the plaintiff. It aims to compensate the plaintiff for the additional pain, suffering, or financial hardship caused by the defendant's actions.
To establish the aggravation of damages, the plaintiff must provide evidence that proves the defendant's culpability in aggravating the harm. This may include evidence of intentional wrongdoing, recklessness, or failure to mitigate damages. The plaintiff's burden of proof is typically higher than in standard claims for damages since they must demonstrate that the defendant's actions went beyond the typical scope of negligence or misconduct.
The purpose of awarding aggravated damages is twofold. Firstly, it seeks to provide compensation for the intensified harm suffered by the plaintiff. Secondly, it serves as a deterrent to prevent similar conduct by the defendant and others in the future. By awarding additional damages, the court aims to discourage defendants from engaging in actions that could further worsen the situation for the plaintiff.