How do you calculate punitive damages?

Question

My ex-husband (by court order) has to provide medical coverage for our daughter. Approximately 1 year ago my daughter had some dental work done. Her father's insurance company sent him the checks that were to go for paying the dental bill. Of course the checks were cashed, and the money spent (without the bill getting paid). I was just recently notified of this by a collection agency, as I am getting sued for this outstanding debt (being the responsible party on her medical/dental paperwork). I just got all of the evidence that I need to take him to court, and will be doing so soon. I am going to be asking for an award of punitive damages, as this has been placed on my credit, therefore causing derogitory information to be displayed. The bill is $695.00. How would I calculate an appropriate amount to sue for? Basically I want the punitive damages to pay for going to a "debt specialist" to have this removed from my credit.

Answer 1

You're quite cloudy on how the girl's daddy managed to cash checks made out to the dentist--and spend the $$$ on his own personal frivolous needs. Unless A: daddy forged signatures, posed as a dental employee and managed to snag cash from a bank or B: You stupidly sent daddy blank checks---which leaves you lucky the guy didn't clean out your bank acct and Road Runner sprint to Vegas. Beep beep!!

Way things have so far been explained....looks like plan B got done on ya!!

And you DID sign legally binding documentation that puts YOU paying ALL dental fees not covered by insurance (which I hope this girl was given SOME form of dental insurance coverage.....right????) So as night and day: it's clear who pays for your girl's dental work: YOU DO!! And the daddy is toasting glasses in his favorite bar!! But karma will fix that in time.....right now, you need to focus on some things!!

Even in small claims court, lady: YOU DON'T HAVE A CASE!!! So, WHOA down on firing up engines to sue the lousy daddy for anything.

Your best---and more mature---option right now, is to chalk this up to a lesson learned and take all the bills to a Credit Counseling Service. Many of them are completely FREE--and they can calculate a strict budget you can follow that can clear the debts owed, get bill collectors off your back and--in some cases--LOWER credit time appreciative interest rates!!!

This give and take may affect your credit score--but it's no damage you can't fix---as long as you DO learn the lessons of life a bit better from here on out.......

Answer 2

there is not any computation for punitive damages. that's regardless of the decide/jury believes is actual attempting to punish the guy above and previous the unquestionably damages sustained. that's finished to punish and deliver a message. on your particular occasion, i've got self assurance it may/could be 0. you may first could desire to instruct they're criminal accountability, and except you are able to teach the financial enterprise knew of the embezzlement and appeared any opposite direction or became into intentionally over-lax with protection, there is not any criminal accountability. Then, for punitive damages, what message isto be despatched via a huge verdict against them? None, different than the award of the damages (the quantity the depositor misplaced plus any pastime that would have acrued and charges of having the money lower back).

Answer 3

Punitive damages typically apply to torts where the alleged harm was willful or malicious. It sounds like that really wouldn't apply here.

You should just notify the court that issued the order and request he be tried for contempt.

If you decide to sue him, be sure to get compensated for any adverse impace on your credit. Good luck!

Answer 4

The amount of damages depends on the circumstances and evidence presented to prove the offense. Thus, moral and exemplary damages could be calculated to add to the actual damages incurred by the complainant.