aggravation of damages

aggravation of damages
A phrase of several connotations: (1) an increase in compensable damages because of the circumstances which surrounded the injury; (2) an increase in the damages suffered resulting from the failure of the injured party to seek medical relief or the unskilful treatment given by the physician whom he selected and employed, which category comes within the doctrine of avoidable consequences; (3) increasing the severity of a pre-existing physical or mental condition by committing a tort against the afflicted person; and (4) an increase in exemplary or punitive damages because of the high degree of malice in the acts of the defendant which injured the plaintiff. 22 Am J2d Damg § 199. Matter of aggravation does not consist in acts of the same kind and description as those constituting the gist of the action, but in something done by the defendant, on the occasion of committing the trespass, which is, to some extent, of a different legal character from the principal act complained of. A very graphic illustration of matter in aggravation appears where the plaintiff declares in trespass for breaking and entering his house, and alleges in addition, that the defendant also destroyed goods in the house and debauched his daughter. Hathaway v Rice, 19 Vt 102, 107.

Ballentine's law dictionary. . 1998.

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