Damages Flashcards
What are the three main types of damages?
Compensatory damages
Nominal Damages
Punitive Damages
What are compensatory Damages
Damages intended to compensate the P for losses resulting from D’s conduct
What are the two categories of compensatory damages
Economic (Pecuniary) Damages
Non-econmic (non-pecuniary) damages
What are economic damages
Objective, quantifiable losses, such as medical expenses, lost wages, and loss of earning capacity
What factors are considered in determining loss of earning capacity?
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
How are past and future medical expenses calculated
Past: Actual medical bills
Future: Usually requires expert testimony projecting long-term care needs and costs
What are non-economic damages
Subjective losses, such as pain and suffering, emotional distress, and loss of consortium
Can pain and suffering be awarded if P was unconsious
No, because pain and suffering require conscious perception of harm.
What are nominal damages
Token damages (usually $1) that are awarded when a legal wrong ocurred, but the P suffered no substantial harm
When are nomimal damages commonly awarded?
Usually in cases involving intentional torts, such as trespass to land, to affirm p’s rights.
What are punitive damages?
Damages awarded to punish the defendant and deter future misconduct
What is required for punitive damages to be awarded?
A showing of culpable state of mind (like malice), recklessness, or gross negligence
What constitutional factors limit punitive damages?
Reprehensibility of the D’s conduct,
Ratio between punitive and compensatory damages (often 9:1 or lower)
Comparable civil penalties
What is the collateral source rule
A rule that prohibits reducing damages by payments that P received from other sources (like insurance)
What is the thin skull/eggshell rule?
D is liable for P’s full damages even if the P had a pre-existing vulnerability
What is loss of consortium?
A claim for damages by the spouse of an injured person for loss of companionship, affection and sexual relations
Can loss of consortium be claimed if the spouse has died?
No, unless a wrongful death statute specifies so
What is a statutory cap on damages?
A legal limit to the amount of damages a P can recover, particularly for non-economic or punitive damages
What is the purpose of the caps on damages?
To prevent excessively large awards that may undermine fairness or economic stability
What is injunctive relief
A court order requiring the D to do or stop doing something, often used for ongoing torts like trespass
When is injunctive relief most likely to be granted
In cases where monetary damages are insufficient to address or prevent future harm
