Legal Definitions - ad damnum clause

An ad damnum clause is a specific section within a legal complaint or pleading where the party initiating the lawsuit (the plaintiff) formally states the total amount of monetary damages they are seeking from the opposing party (the defendant).

Essentially, it is the part of the legal document that quantifies the financial compensation the plaintiff believes they are owed due to the alleged harm or wrongdoing. This clause is a critical component of the plaintiff's "prayer for relief" or "demand for judgment," as it informs the court and the defendant of the financial scope of the claim.

• Example 1: Personal Injury Lawsuit

  After being involved in a car accident caused by another driver's negligence, Sarah suffers significant injuries, incurring medical bills, lost wages from missing work, and ongoing pain and suffering. When her attorney files a lawsuit on her behalf, the complaint includes an ad damnum clause stating that Sarah is seeking $500,000 in damages to cover her medical expenses, lost income, and compensation for her pain and suffering. This clause clearly communicates the total financial amount Sarah believes she is entitled to receive.

• Example 2: Breach of Contract Dispute

  A small business, "Tech Solutions Inc.," contracts with a supplier to deliver specialized computer components by a certain date. The supplier fails to deliver on time, causing Tech Solutions Inc. to lose a lucrative client contract and incur additional costs to find alternative components. When Tech Solutions Inc. sues the supplier for breach of contract, their legal complaint contains an ad damnum clause specifying that they are seeking $75,000 in damages, representing their lost profits from the client contract and the extra expenses incurred. This clause precisely outlines the financial loss they attribute to the supplier's failure.

• Example 3: Property Damage Claim

  David's property is damaged when a faulty pipe in his upstairs neighbor's apartment bursts, flooding his unit and ruining furniture, electronics, and flooring. David's insurance covers some of the damage, but he decides to sue his neighbor for the deductible and the value of items not covered by his policy. In his lawsuit, the ad damnum clause specifies a claim for $15,000, which represents the total cost of his deductible, the replacement value of his uninsured items, and the cost of temporary relocation. This clause informs the neighbor and the court of the exact monetary compensation David is seeking for his property losses.