Credit Damage due to lost income
When reviewing the kinds of compensable damage suffered by an injury victim, including slip & fall, automotive collision, or wrongful termination, there is an often overlooked direct consequence of lost income that may qualify for compensation – credit damage.
• Credit damage is a form of consequential damage according to several courts. One can often look to applicable state law for a partial codification of what constitutes consequential damages. For example in the state of Georgia, Ga.Code Ann. § 51-12-3(b) defines “consequential damages” as “those which are the necessary and connected effect of a tortious act, even though they are to some extent dependent upon other circumstances”). Bohac v. Dept of Agriculture 239 F.3d 1334 (C.A.Fed. 2001).
• Consequential damages may be available depending on what statute the consumer decides to sue under. See Kightlinger v. C.I.R. 1998 WL 712535 U.S.Tax Ct.,1998.
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