Damages

Question 1

Prima Facie Elements of Negligence

Answer 1

Duty, Breach, Causation, Actual, Proximate, Damages

Question 2

Damages

Answer 2

seek to restore a plaintiff to their pre-tort condition, primarily by awarding money. there are three types of damages that a plaintiff can receive: nominal, compensatory, and punitive

Question 3

nominal damages

Answer 3

are awarded when a tort has been committed against a plaintiff but the plaintiff has suffered no substantial loss or injury

Question 4

Compensatory Damages

Answer 4

The primary means of restoring a plaintiff to pre-tort status, including past, present, and future damages. (economic + non-economic)

Question 5

Economic (special) losses

Answer 5

subject to objective measurement (lost earnings, loss or impairment of future earning capacity, healthcare, etc)

Question 6

Non-Economic (general) losses

Answer 6

injuries that can’t be reduced to a dollar figure (phycial pain + suffering, mental emotional distress, loss of enjoyment of life, etc)

Question 7

Collateral Source Rule

Answer 7

a trial court must exclude evidence of payments received by an injured party from sources ‘collateral’ to the wrongdoer, such as private insurance or government benefits

Question 8

exceptions to the collateral source rule (montgomery ward v anderson)

Answer 8

• to rebut the plaintiff’s testimony that they were compelled by financial necessity
• to return to work prematurely to forgo additional medical care
• to show that the plaintiff had attributed his condition to some other cause like sickness
• to impeach the plaintiff’s testimony that they paid their medical expenses themself
• to show that the plaintiff continued to work instead of being out of work, as claimed

Question 9

duty to mitigate rule

Answer 9

what would a reasonably prudent person do to mitigate their injury (defendant’s burden to prove)

Question 10

duty to mitigate factors

Answer 10

• risks
• probability of success
• money/effort involved
• potential physical pain involved

Question 11

punitive damages

Answer 11

punish defendant or set an example for others (degree of reprehensibility)

Question 12

punitive damages in NC

Answer 12

punitive damages are only recoverable if the plaintiff recovered compensatory damages and there is clear and convincing evidence of actual fraud, malice, or wanton conduct.

Question 13

property damages

Answer 13

lesser of the cost of repairs, the market value, or the replacement cots

Question 14

loss of use

Answer 14

damages that occur when your property is unavailable for a limited period of time