Damages

Question 1

Compensatory

Answer 1

Bodily Injury
(most significant in tort)

1. Pecuniary: valued, wages, medical bills
2. Non-pecuniary: pain and suffering

Property Damage

1. Pecuniary: cost of repair or replacement; loss of use during repair or replacement process
2. Non-pecuniary: usually no emotional harms based on property loss (controversy with pets, heirlooms)

Question 2

Punitive

Answer 2

MUST show WORSE THAN NEGLIGENT

To punish

Question 3

Allocation

Answer 3

Who can distribute costs to?

1. Several liability – only responsible for their costs
2. Joint and several liability - responsible for their cost and WHOLE AMOUNT (in concert/untraceable)
3. Contributorily negligent

Question 4

Survival

Answer 4

Estate

Pecuniary: lost wages + med expenses

Non-pecuniary: pain and suffering before death

Question 5

Wrongful death

Answer 5

Intestacy laws
Heirs of Intestacy
- Spouse
- Children
- Parents
- Collateral relatives (TYPICALLY BARRED) (e.g., brother, sister)

Pecuniary: loss of support (only % of support you were being given)

Non-pecuniary: loss of society, companionship, affection

Question 6

Key reminders about wrongful death and survival

Answer 6

Some jurisdictions only survival or wrongful death

Some jurisdictions - pecuniary but not non-pecuniary

Some jurisdictions - have both causes of action but do NOT permit double recovery

Question 7

Single Judgment Rule

Answer 7

a common law principle that a plaintiff should only recover once for a particular injury, thereby preventing overcompensation of the plaintiff for their injury. Thus, a plaintiff who fully recovers from one tortfeasor may not recover more damages from a joint tortfeasor.

Question 8

Texas Limits on Liability

Answer 8

When Texas waives its sovereign immunity, it imposes limits on the amount of damages that can be recovered.
- Bodily injury claims per person is MAX $250,000

   - $500,000 per occurrence (limit for all parties in the group)

Question 9

Loss of Consortium

Answer 9

Allows P to recover for emotional harms to certain family relationships

Spousal (universally recognized)
- Typically need a formal marriage license
- Valuation process: Court said that a couple facing issues (threatening divorce), does NOT mean that you get to bar the whole claim. The recovery just gets diminished

Parent-child
- Parent (YES) for loss of consortium based on injury to minor child
- Child (TYPICALLY NO) for loss of consortium based on injury to a parent