Damages Flashcards
1
Q
What damages are allowed for negligence claims?
A
Actual damages are allowed
Nominal damages are not available
Punitive damages are not allowed
2
Q
Personal injury and property damages
A
Are recoverable
3
Q
Types of Compensatory damages
A
- General damages
- Special damages
4
Q
What types of special damages may plaintiff recover?
A
- Past
- Present
- Future
- Future special damages are reduced to present value
5
Q
Collateral Source Rule
A
The fact that plaintiff is being compensated from a 3rd party, doesn’t mean ∆ doesn’t have to pay those damages
*rule also applies to gratuitious services
6
Q
General damages
A
- aka pain and suffering damages
- are intangible and hard to measure
7
Q
Punitive Damages
A
Are never recoverable for negligent conduct
