Neglience- Damages Flashcards
What type of damages must a plaintiff prove for recovery?
Actual damages
personal injury or property damage
What are actual (compensatory) damages?
The general measure is compensation that would make the victim whole, as if she had never suffered the injury.
Does a plaintiff have to mitigate their damages?
Yes- must take reasonable steps
What are the three categories of personal injury?
- Medical and rehabilitative expenses, both past and future;
- Past and Future pain and suffering ( emotional distress) and
- Lost income and any reduction in future earning capacity.
What are property damages?
The plaintiff may recover the different between the fair market value of the property before and after the injury.
What is the collateral-source rule?
Benefits or payments to the plaintiff form outside sources, such as medical insurance, are not credited against the liability of any tortfeasors.
*Payments made by the defendant’s insurer are credited against the defendant’s liability.
Can a plaintiff recover punitive damages?
Only if he can establish by clear and convincing evidence that the defendant acted willfully and wanton, recklessly, or with malice.
When can a plaintiff recover for NIED?
If the plantiff is in the
- zone of danger;
- bystander recovery; or
- special relations
What is the zone of danger?
- he was within the zone of danger of the threatened physical impact-that he feared for his own safety because of the defendant’s negligence; and
- the threat of physical impact caused emotional distress.
What is Bystander Recovery?
Plaintiff:
1. Is closely related to the person injured by the defendant;
- Was present at the scene of the injury; and
- Personally observed (or otherwise perceived) the injury.
What are the two types of special relationships?
- Mishandling of a corpse
2. Negligent medical information
