Skip to main content

Injunctions vs. Damages

| ,

If you are preparing to file a lawsuit, one of the most important considerations is the type of relief you seek upon the case’s resolution. Depending on the issue at hand, it may be appropriate to ask for damages, to receive a certain amount of money in return for prevailing on your claim. In other scenarios, it may be appropriate to ask for a court to mandate that a party do something, refrain from doing something, or return money or property that belongs to you.

Often times this is a strategic decision, based upon the contours of Virginia or North Carolina law concerning civil cases. Below are the most common types of remedies available in civil courts, and the types of situations they apply to:

  • Damages – typically a certain amount of money payable to another party upon completion of the lawsuit (applies to breaches of contract, personal injury, fraud, damage to property, and more)
  • Injunction – an order from a court to prohibit one from doing something or mandate them to do it (applies to actions where money damages are not adequate)
  • Specific Performance – a court order for a party to perform a contract (usually real estate contracts)
  • Detinue – a Virginia-specific action to recover personal property from another

If you are preparing to file a lawsuit, the remedy you ask of the court is a vital consideration. Our attorneys are experienced in civil litigation on behalf of individuals and businesses (both for-profit and non-profit) and can help you formulate the best gameplan to achieve the outcome your case deserves.

Give our office a call today!