Damages Flashcards
1
Q
Define Proportionate damages:
A
The most commonly used damages form
Requires expert testimony
P recovers all or a portion of the damages based on Ds fault.
Jury apportions damages.
2
Q
Reduced Value Damages
A
The big question is how much should the D have to pay. Example is when the kid is walking on the bridge and he falls, and is going to die on impact but is electrocuted on the bridge. So the D only pays for the value of the kids life that he would have had between falling and dying.
3
Q
Loss chance of recovery damages:
A
P can recover if they can prove that D’s negligence was a substantial factor in causing the diminished chance of recovery.
