Delaware Code Title 6 Sec. 2583 – Cause of action; enhanced penalties
(a) An elder person or person with a disability who suffers damage or injury as a result of an offense or violation described in this chapter has a cause of action to recover actual damages, court costs and reasonable attorney’s fees.
Terms Used In Delaware Code Title 6 Sec. 2583
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: means a natural person, partnership (whether general or limited), limited liability company, trust (including a common law trust, business trust, statutory trust, voting trust or any other form of trust), estate, association (including any group, organization, co-tenancy, plan, board, council or committee), corporation, government (including a country, state, county or any other governmental subdivision, agency or instrumentality), custodian, nominee or any other individual or entity (or series thereof) in its own or any representative capacity, in each case, whether domestic or foreign. See Delaware Code Title 6 Sec. 17-101
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(b) If a private cause of action is brought by the victim of a violation of this subchapter, and said victim was 65 years of age or older or a person with a disability when the violation occurred, the victim shall be entitled to recover 3 times the amount of the victim’s compensatory damages if a violation of this subchapter is established. Such treble damages shall be in addition to any other damages to which the victim is entitled pursuant to common law or other provisions of the Delaware Code.
(c) Restitution ordered pursuant to this section has priority over a civil penalty imposed pursuant to this subchapter.
69 Del. Laws, c. 151, § ?1; 74 Del. Laws, c. 113, §§ ?3, 4; 78 Del. Laws, c. 179, §§ ?15, 16;