Damages

Question 1

When are punitive damages awarded in a negligence case?

Answer 1

Punitive damages generally are not recoverable in negligence cases, unless the defendant’s conduct was reckless, malicious, willful, and wanton.

Question 2

What damages are available for property torts?

Answer 2

1) loss or diminution of the value of the property
2) repair costs, inconvenience, loss of use
3) injunctive relief to prevent further harm

Question 3

What is the purpose of compensatory damages?

Answer 3

To restore the plaintiff to the position they would have been in if the incident had not occurred, as much as possible.

Question 4

What is the purpose of punitive damages?

Answer 4

to punish and deter similar conduct, when that conduct is intentional, malicious, willful, and wanton. depart seriously from ordinary expectations in a civil
society.”

Question 5

What are the elements of compensatory damages?

Answer 5

1. damages for reasonably incurred medical expenses
2. loss of earning capacity
3. pain and suffering including mental pain and suffering
4. sometimes medical monitoring
5. any other specific identifiable harm.

Question 6

What is a single judgment rule?

Answer 6

A lump sum award. Some states also allow periodic payments for future loss in a limited # of cases but some courts find that unconstitutional.

Question 7

What is the scope of pain and suffering?

Answer 7

All forms of pain, including mental or emotional distress.

Question 8

Why do some courts not allow medical monitoring costs?

Answer 8

Medical monitoring alone is not damages without any identifiable harm. Some courts have allowed medical monitoring without any other harm.

Question 9

What is the mitigation rule?

Answer 9

The plaintiff must exercise reasonable care to minimize damages

Question 10

What is the collateral source rule?

Answer 10

Excludes payments from other sources to plaintiffs from being used to reduce damages awards imposed upon defendants. Collateral sources such as insurance or donations do not reduce the tortfeasor’s liability.

Question 11

What is the windfall effect?

Answer 11

Plaintiff can essentially collect twice, some courts will permit consideration of insurance payments for medical expenses to be admitted on the issue of the reasonableness of the medical bills after the verdict.

Question 12

What is the Subrogation protection effect?

Answer 12

This rule allows an insure who paid the plaintiff to recover losses from the tortfeasor, by the terms of the policy.