Damages where Value can't be measured in $ (W/D & P/I) (?certainty problems) Flashcards
categories of personal injury damages
General & Special
General
- pain & suffering
- loss of enjoyment of life (hedonic)
- loos of non-marketable services
Special
- past & future earnings (earning capacity)
* past/present/future medical expenses
Wrongful Death
always ask if a statute to use under w/d
golden rule
never ask jurors what they would want if were in π shoes
typical w/d valuations
*funeral expenses
*homemaking
*loss of society (companionship/care)
-depends on presence of person gone & what would
have added to society
*grief & emotional distress (some juris) (emotionally based)
*loss of inheritance
per diem arguments
(unit of time argument) create an illusion of certainty–in a disability that will more likely vary in level over time.
to value daily pain & suffering.
(formula to jury or no formula–debus v. Grand union stores)
if per diem/unit of time presented to jury…
Did it present dangers to jury. was it:
√ long
√w/charts, graphs or written calculations?
**court seemed to thin that a jury might mistake a lawyer’s chart for evidence, but that would recognize an oral closing argument as argument. :) pg 112
using per hour calculation compared to big numbers
helps bc jurors are more familiar with one and two digit numbers and don’t have experience with 6 digit numbers. (7.25 hour vs. 597,000)
human situation
$ going to people’s head and worse off?
-school bus, parents $ went to head, spent wrong, $ caused more guilt
Full time househusband (once a lawyer) is injured by motorist. Seeks loss of earning capacity the income could have earned in his law profession. Too uncertain?
NO. POTENTIAL is pressure point in rule
**remember american jury system takes into account emotional impact, so voire dire is important.
