Damnum infectum, a Latin phrase utilised in Roman law, refers to a potential loss that has not yet transpired but is expected to occur. An illustration of this would be if a neighbouring building is at risk of collapsing onto your property, as this would be deemed damnum infectum due to the impending loss.
Damnum infectum, a Latin term from Roman law, describes a potential loss or harm that has not yet been suffered but is anticipated or feared. This can occur when there is a risk of damage or harm to one’s property or interests. For example, a neighbour’s building in danger of collapsing onto one’s property represents damnum infectum, as the potential loss or damage is not yet realised but is feared. Another example is a pending lawsuit that may result in financial loss, even though the outcome is uncertain. These examples illustrate how damnum infectum refers to a potential loss or harm that has not yet occurred but is anticipated. It is important to consider the possibility of damnum infectum when assessing risks and making decisions that could impact one’s property or interests.
Damnum Infectum refers to the legal concept of “anticipated damages” or “loss of future earnings.” It refers to the potential financial losses that a person may suffer as a result of an injury or harm caused by another party’s negligence or wrongful act.
Calculating Damnum Infectum involves assessing various factors such as the individual’s age, occupation, earning capacity, life expectancy, and the potential impact of the injury on their ability to earn income in the future. Expert opinions and economic projections are often used to determine the estimated value of Damnum Infectum.
Yes, Damnum Infectum can be claimed in personal injury cases where the injured party can demonstrate that they will suffer future financial losses due to their injuries. This can include loss of future earnings, diminished earning capacity, and the need for ongoing medical treatment or care.
No, Damnum Infectum can also include non-economic losses such as pain and suffering, loss of enjoyment of life, and emotional distress. These intangible losses are often considered in addition to the economic damages when calculating the overall compensation in a personal injury case.
Yes, Damnum Infectum can be claimed in wrongful death cases on behalf of the deceased person’s dependents or beneficiaries. It aims to compensate for the financial support that the deceased would have provided if they had not died prematurely.
Yes, there is usually a statute of limitations that determines the time limit for filing a claim for Damnum Infectum. The specific time limit varies depending on the jurisdiction and the type of case involved. It is crucial to consult with a legal professional to ensure compliance with the applicable deadlines.
Damnum Infectum is primarily associated with personal injury cases, but it may also be relevant in contract disputes. If a breach of contract results in future financial losses for one party, they may be able to claim Damnum Infectum as part of their overall damages.
Yes, Damnum Infectum can be reduced or denied if the defendant can successfully argue that the projected future losses are speculative or exaggerated. The defendant may present evidence to challenge the calculations or demonstrate that the injured party’s earning capacity will not be significantly affected.
Yes, Damnum Infectum claims can be settled out of court through negotiations between the parties involved. In such cases, the parties may agree on a specific amount to compensate for the anticipated future losses, avoiding the need for a trial.
Yes, like any other legal decision, a Damnum Infectum award can be appealed if there are grounds to challenge the court’s ruling. The appellate court will review the evidence and legal arguments presented during the trial to determine if any errors were made that warrant a different outcome.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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