Ad Damnum Clause

Ad Damnum Clause

Ad Damnum Clause

The ad damnum states a numerical damages demand. Many jurisdictions have prohibited specific amounts in personal injury complaints, requiring instead a statement that damages exceed a jurisdictional threshold.

Federal practice does not require a specific figure.

Alternative Names:

Ad Damnum, Damages Demand

Why it Matters?

Prohibitions on stating specific amounts were adopted to prevent inflated demands from generating publicity and prejudicing juries, and they mean a complaint often reveals nothing about claimed value. That shifts exposure assessment to discovery, where a damages computation under Rule 26(a)(1) or an interrogatory answer produces the figure. Requesting that computation early is how a defendant establishes exposure for reserving.

Frequently asked questions

Why do states prohibit specific damages amounts?

Why do states prohibit specific damages amounts?

To prevent inflated demands from generating publicity and prejudicing potential jurors before trial.

How is exposure established instead?

How is exposure established instead?

Through the Rule 26 damages computation or interrogatory answers, which should be requested early for reserving purposes.