Negligence: Damage Flashcards
1
Q
Personal Injury
A
P is to be compensated for all his damages (past, present, prospective), both economic damages (such as medical expenses) and for non economic damages (pain and suffering)
2
Q
Property Damage
A
the measure of damage is the reasonable cost of repair or if property = destroyed, fair market value.
3
Q
Punitive Damages
A
if D’s conduct was wanton and willful, reckless or malicious
4
Q
Nonrecoverable Items
A
(1) interest from the date of damage in a personal injury action and (2) attorney fees
5
Q
Duty to Mitigate
A
to take reasonable steps to mitigate damages.
6
Q
Collateral Source Rule
A
Damages are not reduced just b/c plaintiff received benefits from other sources (i.e. health insurance)
