damages Flashcards
types of damages
- nominal
compensatory
punitive
judicial control of amounts recovered
= remitter - refusal of P to accept a lesser amount , grant new trial
addittur = vedict inadequate, new trial based on refusal of D to pay larger sum set by court
collateral source rule
person who caused the accident can’t reduce the money they owe you just because ur health insurance paid some of the bills
can’t use ur insurance coverage against you when deciding how much they owe u
physical harm to property
market value
- personal value
- not compensated for sentimental value of pets
- if temporarily deprived, compensated for rental value
- consequential damages recovered if they are “proximately caused”
duty to mitigate damages
avoidable consequences
- rule does not allow recovery of damages that P could have avoided
punitive damages
to punish