Can a preliminary injunction request monetary damages in addition to ordering the other party to perform/refrain from something?

Asked 10 months ago - Waltham, MA

If there is damage to property due to your board of directors failure to do anything and you file a suit with a filed a preliminary injunction demanding the Board make the necessary repairs. Can you additionally request damages in the injunction, in sum of the fair market value of the property which was diminished during the time the damaged occurred and remained un-remedied? Could you recoup that in a preliminary injunction, or do you recover that only when you win your suit later? Can you recover any monetary damages in a preliminary injunction?

Attorney answers (3)

  1. Julie Court Molloy

    Contributor Level 15

    1

    Lawyer agrees

    Answered . No, you cannot recover damages in connection with a request for a preliminary injunction. Damages are to be determined after a trial on the merits. A preliminary injunction's purpose is to require someone to do something or to refrain from doing something that (in this instance) impair the value of property.

    Best wishes.

    No attorney-client relatonship is created in responding to this question, and advice provided is based solely on... more
  2. Mark W. Dell'Orfano

    Contributor Level 10

    Answered . No. And, further, preliminary injunctions petitions made by self-represented individuals are rarely granted as they are legally technical and require an experienced attorney to properly argue them. If this matter is of real value to you, I recommend that you hire a trial attorney to assist you with it. While it is possible to prevail as a self-represented litigant, you begin at a serious disadvantage.

    I am licensed to practice law in New Hampshire and Massachusetts. This response is based on limited information,... more
  3. Thomas C. Marino

    Pro

    Contributor Level 12

    Answered . I agree with my colleagues on this. It's important to note that proving diminished value in a property as a result of someone's else's failure to act will require some type of expert testimony as to the value of the property in its proper maintained state and its diminshed value for lack of repairs. You defintely should speak with an attorney to handle not only the difficult issue of a preliminary injunction but the overall basis of your complaint.

    The above comments are general in nature and not intended to be legal advise nor create an attorney/client... more

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