Damages Flashcards
1
Q
types of damages
A
compensatory and punitive
2
Q
Compensatory damages are defined as
A
Lost earnings: between the accident and trial
Lost earning capacity: into the future. Ex how long plaintiff would have worked
Medical expenses: past are easy to prove, single recovery rule(you get on bite)
Pain and suffering(non-economic damages): subjective reaction to the accident and consequences. Includes anxiety, grief, physical pain.
Other(non-economic damages)
Loss of enjoyment of life; loss of consortium.
3
Q
Punitive Damages
A
usually have to prove liability by more than a preponderance of the evidence
4
Q
What type of harm is not recoverable?
A
generally defined as a loss resulting from product failure when there is no personal injury or damages to other property
