Unspecified claim

An unspecified claim is a tort claim "where the amount to be awarded is left to the Court to determine." [ [http://www.hmcourts-service.gov.uk/infoabout/glossary/legal.htm#U Her Majesty's Court Service web site] ] [ [http://www.lawyersupermarket.com/personal/atoz?letter=u Lawyer Supermarket web site] ]

Examples of unspecified claims are unspecified damages for personal injuries, such as from a motor vehicle accident (MVA) or medical malpractice. Fact|date=July 2007

Unspecified claim was previously known in the common law, especially in Britain and Pakistan, as an unliquidated claim. [ [http://www.hmcourts-service.gov.uk/infoabout/glossary/legal.htm#U Her Majesty's Court Service web site] ] [ [http://www.karachieast.org/legalterms.asp#U Pakistani courts offcial web site] ] [ [http://www.angelfire.com/de/privateinvestigator/woolf.html Woolf Report] , search for "unspecified claim".]

In British tax law, an unspecified claim is also any unspecified tax liability. [ [http://www.hmrc.gov.uk/workingtogether/ebt.htm Her Majesty's Revenue & Customs web site] ]

Under New York civil practice, "stating a specific sum in (a) personal injury complaint" is normally barred. [David D. Siegel, ed., "New York State Law Digest", No. 568, April 2007, at 1.] Technically, it is not strictly prohibited, but it prevents adding additional damages to jury instructions. [ N.Y. Civil Practice Law and Rules (CPLR) section 3017 (c).] However, under a recent New York Court of Appeals case, stating a specific sum is mandatory in Court of claims practice, so an "unspecificed claim" "can lead to the loss of the claimant's whole case. [D. Siegel, ed., "New York State Law Digest", No. 568, April 2007, at 1, citing "Kolnacki v. State", 8 N.Y.3d 277 (2007), pdf file at [http://www.nycourts.gov/ctapps/decisions/mar07/22opn07.pdf] .]

References

ee also

* Liquidated damages
* Valid claim