Damages

Question 1

Comp Damages:
Economic losses

Answer 1

lost wages (past & future)
medical care & rehab

Question 2

Comp Damages:
Non-economic loss

Answer 2

mental anguish/pain & suffering/ life enjoyment
impairment/ loss of ability
loss of family members

Question 3

Remittitur

Answer 3

In cases of excessive verdicts, grant a motion for a new trial that is conditioned upon the refusal of the P to accept a lesser amount

Question 4

Additur

Answer 4

When the verdict is inadequate, grant a motion for a new trial that is conditioned upon the refusal of the D to pay a larger sum set by the court

Question 5

Collateral Source Rule

Answer 5

Tortfeasors may not benefit from (pay less in damages because of) payments made to the P by sources collateral to the tortfeasors.

Question 6

Physical Harm to property

Answer 6

most cases consider market value, some consider personal value

Question 7

Duty to Mitigate Damages

Answer 7

doesn’t allow recovery of those damages that P could have avoided by RSBL conduct on the part of the P after a legal wrong has been committed by the D

Question 8

purpose of punitive damages

Answer 8

to punish

Question 9

Punitive Damages

Answer 9

(1) Degree of reprehensibility
(2) No bright-line ratios involved
(3) Disparity between punies and authorized civil
penalties