Ad Damnum
Definition
Ad damnum is a Latin term meaning “to the damage” and refers to the portion of a legal complaint that states the amount of damages the plaintiff is seeking. The ad damnum clause specifies the monetary relief requested, giving the defendant and the court notice of the financial stakes involved in the case.
How It’s Used in Personal Injury Cases
When your attorney files a lawsuit on your behalf, the complaint must include an ad damnum clause stating the damages you seek. In some jurisdictions, plaintiffs must specify an exact dollar amount; in others, including Texas for certain cases, the complaint may simply state that damages exceed a minimum threshold required for the court’s jurisdiction.
The ad damnum clause is significant because it can affect where your case is heard. In Texas state courts, for example, claims must specify whether they fall within certain jurisdictional limits that determine whether the case belongs in justice court, county court, or district court.
Practical Example
After a serious trucking accident leaves you with permanent injuries, your attorney files a lawsuit in state district court. The complaint’s ad damnum clause states: “Plaintiff seeks damages in excess of $1,000,000, including past and future medical expenses, lost earning capacity, physical pain, mental anguish, and exemplary damages.” This language puts the defendant on notice of the magnitude of your claim and ensures the case is filed in a court with proper jurisdiction.
Why It Matters to Your Case
The ad damnum clause sets expectations early in the litigation. While the amount requested is not a guarantee of what you’ll recover—that’s ultimately determined by settlement negotiations or a jury verdict—it signals the seriousness of your claim. It also ensures your case is filed in the appropriate court. Your attorney will carefully draft this portion of the complaint to accurately reflect the scope of your damages and preserve your right to full recovery.
Key Takeaway
Ad damnum is the section of a lawsuit that states how much money you’re seeking in damages. It establishes the financial stakes of your case and determines jurisdictional requirements.