Legal Definitions - double recovery

Definition: Double recovery refers to the situation where a party receives more than the maximum amount of compensation they are entitled to for a loss or damage they have suffered.

For example, if a person is injured in a car accident and receives compensation from the driver's insurance company, they cannot then sue the driver for the same injury and receive additional compensation. This would be considered double recovery.

Another example of double recovery is when a court awards damages twice for the same loss, based on two different legal theories. This can happen when a plaintiff sues for breach of contract and also for negligence, and is awarded damages for both claims.

Double recovery is generally not allowed because it would result in unfairness and inefficiency in the legal system. It is important for parties to accurately calculate the amount of compensation they are entitled to and not seek more than what is reasonable.