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.
When reviewing the kinds of compensable damage suffered by an injury victim, including slip & fall, automotive collision, or wrongful termination, there is an
consequence of lost incomethat may qualify for compensation – credit damage.
