Compensatory Damages in Personal Injury Cases

Question 1

Rodriguez v. McDonnell Douglas Corp

Answer 1

• Three Main types of compensatory damages in personal injury cases. (past and future for all)
  1) Medical Expenses,
  2) Loss of earnings (Special Damages)
  3) Physical and emotional pain and suffering (General Damages)

Question 2

Banks v. Sunrise Hotel

Answer 2

• Hedonic damages accounts for loss of enjoyment of life which is different from pain and suffering. It compensates for the limitations on the injured person’s ability to participate in and drive pleasure from the normal activities of daily life and the individual’s inability to pursue his talents, interests, or hobbies. May also be included as a component of pain and suffering award of damages.

Question 3

Hoffman v. 21st Century North American Ins. Co

Answer 3

• Collateral source Rule: payments received by the plaintiff from an independent source are not deducted from the award the injured party would otherwise receive from the wrongdoer. The tortfeasor is not allowed to benefit from the victim’s foresight in purchasing insurance and other benefits. In addition, if there is no consideration for the benefits, then the plaintiff cannot recover those amount’s.