Damages

Question 1

What are the three main types of damages?

Answer 1

Compensatory damages
Nominal Damages
Punitive Damages

Question 2

What are compensatory Damages

Answer 2

Damages intended to compensate the P for losses resulting from D’s conduct

Question 3

What are the two categories of compensatory damages

Answer 3

Economic (Pecuniary) Damages
Non-econmic (non-pecuniary) damages

Question 4

What are economic damages

Answer 4

Objective, quantifiable losses, such as medical expenses, lost wages, and loss of earning capacity

Question 5

What factors are considered in determining loss of earning capacity?

Answer 5

The P’s age, education and work history
The P’s projected career trajectory absent the injury
The impat of the injury on P’s future injuries

Question 6

How are past and future medical expenses calculated

Answer 6

Past: Actual medical bills
Future: Usually requires expert testimony projecting long-term care needs and costs

Question 7

What are non-economic damages

Answer 7

Subjective losses, such as pain and suffering, emotional distress, and loss of consortium

Question 8

Can pain and suffering be awarded if P was unconsious

Answer 8

No, because pain and suffering require conscious perception of harm.

Question 9

What are nominal damages

Answer 9

Token damages (usually $1) that are awarded when a legal wrong ocurred, but the P suffered no substantial harm

Question 10

When are nomimal damages commonly awarded?

Answer 10

Usually in cases involving intentional torts, such as trespass to land, to affirm p’s rights.

Question 11

What are punitive damages?

Answer 11

Damages awarded to punish the defendant and deter future misconduct

Question 12

What is required for punitive damages to be awarded?

Answer 12

A showing of culpable state of mind (like malice), recklessness, or gross negligence

Question 13

What constitutional factors limit punitive damages?

Answer 13

Reprehensibility of the D’s conduct,
Ratio between punitive and compensatory damages (often 9:1 or lower)
Comparable civil penalties

Question 14

What is the collateral source rule

Answer 14

A rule that prohibits reducing damages by payments that P received from other sources (like insurance)

Question 15

What is the thin skull/eggshell rule?

Answer 15

D is liable for P’s full damages even if the P had a pre-existing vulnerability

Question 16

What is loss of consortium?

Answer 16

A claim for damages by the spouse of an injured person for loss of companionship, affection and sexual relations

Question 17

Can loss of consortium be claimed if the spouse has died?

Answer 17

No, unless a wrongful death statute specifies so

Question 18

What is a statutory cap on damages?

Answer 18

A legal limit to the amount of damages a P can recover, particularly for non-economic or punitive damages

Question 19

What is the purpose of the caps on damages?

Answer 19

To prevent excessively large awards that may undermine fairness or economic stability

Question 20

What is injunctive relief

Answer 20

A court order requiring the D to do or stop doing something, often used for ongoing torts like trespass

Question 21

When is injunctive relief most likely to be granted

Answer 21

In cases where monetary damages are insufficient to address or prevent future harm