Injury Pleading with Damages Over $75k
I have an injury case with damages in mid six figures. Under the new laws do I need to attach a statement of damages showing the amount I am asking for?
Answer: Your detailed statement of damages does not go in the Petition but rather in your 12 O.S. Sec. 3226 disclosures within 60 days per Sec. 3226(A)(2)(a): "a. Except in categories of proceedings specified in subparagraph b of this paragraph, or to the extent otherwise stipulated or directed by order, a party, without awaiting a discovery request, shall provide to other parties a computation of any category of damages claimed by the disclosing party, making available for inspection and copying the documents or other evidentiary material, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered."
Your prayer will be for an amount in excess of federal diversity jurisdiction, you just allege that amount, per 12 O.S. Sec. 2008(A)(2): "Every pleading demanding relief for damages in money in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the United States Code shall, without demanding any specific amount of money, set forth only that the amount sought as damages is in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the United States Code, except in actions sounding in contract."
I I have attached a copy of our Petition to this blog post.
Posted on Thu, September 22, 2011
by Sharon Coleman filed under