Damages

Question 1

Types of Damages

Answer 1

Nominal

compensatory

punitive

Question 2

Types of compensatory damages

Answer 2

Specific (Damages that can be quantified or predicted (like medical bills/loss of wages))

General (Pain and suffering)

*these are the only damages for negligence

Question 3

Collateral Source Rule

Answer 3

If P has her own medical insurance or disability insurance, and P recovers from that source and sues D for damages, D’s damages are generally not reduced by P’s other sources of recovery

Question 4

Punitive Damages: Consideration factors

Answer 4

1. The likelihood at the time that serious harm would arise from the defendant’s misconduct
2. The degree of the defendants awareness of that likelihood
3. The profitability of the misconduct
4. The duration of misconduct and concealment of it
5. The attitude and conduct of D upon discovery
6. The financial assets and income of the defendant
7. The total deterrent effect it would have, including but not limited to punitive damage awards to persons in situations similar to the claimant’s and the severity of criminal penalties to which the defendant has been or may be subjected to

Question 5

Excessive Punitive Damages reduction: Factors

Answer 5

Supreme court says if punitive damages are more than 10x the amount of compensatory damages they are excessive

Excessiveness factors
1. The degree of reprehensibility of the non-disclosure

2. The very high ratio between the punitive damage award and the actual damage
3. The much lower civil penalties generally authorized for such misconduct