damages

Question 1

what are the four main categories of damages?

Answer 1

economic (lost wages, med expenses), non-economic (P/S), punitive, loss of consortium

Question 2

what is the exposure range in damages?

Answer 2

economic damages plus non-economic (P/S)

Question 3

what is the general calculation for P/S damages?

Answer 3

2-3 times economic damages

Question 4

what is the Likely Jury Verdict Range?

Answer 4

actual damages (X) D’s estimated causation %, then do exposure range calculation with that number

Question 5

how are economic damages calculated? who sets the value?

Answer 5

past, present and future medical expenses and lost wages - set by fact finder

Question 6

what did the Seffert case say about excessive damage awards?

Answer 6

appellate court can only say that a judgment is excessive if the amt of damages shocks the conscience and suggests passion or corruption on the part of the jury

Question 7

what is a remittiur?

Answer 7

order by a judge reducing amt of damages - P can accept less or have a new trial

Question 8

why is a damages award reduced to present value?

Answer 8

so that the investment of the damage amount doesn’t equate to a windfall

Question 9

when are structured settlements used?

Answer 9

damage award put into annuity that provides regular payments over time for future damages

Question 10

what’s the difference between pain and suffering?

Answer 10

pain is physical pain, suffering is psychological pain

Question 11

what case talked about P/S awards, and when they’re approrpiate?

Answer 11

McDougald case - some degree of cognitive awareness necessary for recovery for loss of enjoyment of life and for regular P/S

Question 12

what are a P’s resonsibilities regarding mitigation?

Answer 12

once injured, P must take reasonable steps to mitigate their injuries - seek approp medical care, work if able

Question 13

why does a D have a responsibility to mitigate their injuries?

Answer 13

so that D isn’t penalized when they have to pay more than they would if P had mitigated

Question 14

what case dealt with mitigation of a P’s injuries?

Answer 14

Colton/Benes - can’t compel P to have surgery as mitigation if risks are too great

Question 15

explain the Collateral Souce Rule

Answer 15

Recovery is not affected by compensation D received for the loss from other sources

Question 16

how does the right of subrogation relate to the collateral source rule?

Answer 16

right of subrogation prevents double recovery - allows a defendant to refuse to tell jury that they’ve already received ins. payments

Question 17

when are punitive damages appropriate?

Answer 17

D must have known of the danger and exhibited heedless indifference - only awarded to punish

Question 18

what amount of punitive damages is appropriate, if they are deemed necessary?

Answer 18

must be proportional to actual damages - can’t be awarded based on strangers to the litigation

Question 19

what three criteria are used to determined if PD award is excessive?

Answer 19

degree of reprehensibility of D’s misconduct, disparity between harm suffered and PD amt, difference between PD awarded by jury and civil penalities awarded in similar cases