Damages Flashcards
Nominal
Define nominal damages
Jury acknowledges that P has a claim absent damages. Awards a token sum.
* Rare - most often used for trespass to land
* NOT recoverable for negligence
Compensatory
Define goal of Compensatory damages
Make the plaintiff whole and return them to a pre-injury position
Compensatory
What are the 2 categories of compensatory damages?
- Special damages
- General Damages
Compensatory
What is included in Special damages for property?
- Diminished market value of damaged property
- Replacement value or rental value to compensate for use
- Discomfort/annoyance
- Sentimental value (RARE)
Actual quantifiable and predictable damages
Compensatory
What is included in Special Damages for personal injury?
- Medical expenses + anticipated medical expenses
- Lost wages
- Diminished earning capacity
- Other economic expenses
- Mental distress
Actual quantifiable and predictable damages
Compensatory
What is inluded in General Damages?
- Pain and suffering (requires consciousness of the victim)
- Lost enjoyment of life
- Loss of life expectancy
Compensatory
What is the Collateral Source Rule?
If P recovers from other sources (eg insurance) and damages awarded in court are NOT reduced by other sources of recovery
Punitive
What must be present to consider punitive damages?
Fraud, oppression, malice, willful and wanton, intentional, gross negligence, or reckless conduct - it can be adjusted to reflect the wealth of the defendant.
Punitive
What are the factors to consider punitive damages?
- The likelihood at the time that serious harm would arise from the defendant’s misconduct
- The degree of seriousness of the defendant’s misconduct
- The profitability of the defendant’s misconduct
- The duration of the misconduct
- The attitude and conduct of D upon discovery of misconduct
- Financial assets of D
- Total deterrent effect of other punishment imposed on D
