Damages

Question 1

Nominal/Presumed

Compensatory

Punitive

Answer 1

Money Damages

Question 2

A token amount limited to specific intentional tort cases

Answer 2

Nominal/Presumed

Question 3

Amount equal to actual harm suffered and an essential element of a cause of action for negligence, e.g., medical expenses, loss of earnings

Answer 3

Compensatory

Question 4

Designed as mechanism for punishment and deterrence

Answer 4

Punitive

Question 5

Injunctive relief

Replevin (recovery of personal property)

Answer 5

Equitable remedies

Question 6

May recover for the following past (up until decision or verdict) and future (post-decision or verdict) damages, all of which must be independently verifiable.

Answer 6

Economic/Special Damages (Compensatory Damages)

Question 7

Amount P would have received from existing job if injury had not prevented P from working

Answer 7

Lost earnings (Compensatory Damages)

Question 8

Amount P would have earned in the future but for some disability. Amount is discounted to present value, an adjustment made so that receiving money now does not result in more had it been received in the future.

Answer 8

Loss of earning capacity (Compensatory Damages)

Question 9

Reasonable cost of ______ of property, or, if property has been almost or completely destroyed, its fair market value at time of accident

Answer 9

repair (Compensatory Damages)

Question 10

Mental and emotional trauma suffered as a result of injury (up until time of death)

Answer 10

Pain and Suffering (Non-Economic Damages)

Question 11

Loss of ability to engage in enjoyable activities

Answer 11

Hedonic Damages (Non-Economic Damages)

Question 12

Derivative right to recover for loss of financial/ emotional support during injury or death of a co-plaintiff. Usually limited to family members.
Must be brought along with principal action
To recover, D must be liable to primary plaintiff

Answer 12

Loss of Consortium (Non-Economic Damages)

Question 13

Court’s power to add damages to verdict – not all courts have power to do so

Answer 13

Additur

Question 14

Court’s power to reduce damages – all courts have the power to do so

Answer 14

Remittitur

Question 15

Damages may not be reduced or mitigated by reason of benefits received by P from other sources or as gifts, e.g., personal medical insurance, gratuitous services
Exception: Payments are credited if D or someone paying on D’s behalf
Some jurisdictions have abolished or modified effect of

Answer 15

Collateral Source Rule

Question 16

Unreasonable failure to mitigate damages may reduce P’s recovery. Often treated as an aspect of comparative negligence.

Answer 16

Avoidable Consequences Rule

Question 17

Allow decedent’s estate to sue for damages occurring during decedent’s lifetime from the time of tortious act until death; or
to be sued by one tortiously injured by decedent during lifetime

Answer 17

Survival Statutes

Question 18

Certain statutorily enumerated Ps may recover their own damages resulting from D’s tortious death, e.g., loss of financial support/emotional support
Replaces loss of consortium claims once P dies

Answer 18

Wrongful Death Statutes

Question 19

May be awarded where D’s conduct is willful, wanton, reckless, or malicious, i.e., conscious disregard for safety of another
Used to punish or to make an example
P may have to show clear and convincing of egregious conduct
P may first require a showing of compensatory damages unless an intentional tort

Answer 19

Punitive Damages

Question 20

Generally not awarded to prevailing party as an element of damages unless allowed by statute or by contract

Answer 20

Attorney’s Fees

Question 21

If verdict in favor of P, damages may include interest on award from time of injury

Answer 21

Pre-Judgment Interest