Negligence-Damages

Question 1

Are damages presumed?

Answer 1

No.

Question 2

What is the plaintiff to be compensated for if he suffers personal injury?

Answer 2

All damages, past present, and prospective. Both economic damages (such as medical expenses) and noneconomic damages (such as pain and suffering).

Question 3

Is foreseeability relevant in determination of person injury damages?

Answer 3

No. Foreseeability of the extent of harm is not relevant. Take the plaintiff as you find him

Question 4

What is the measure of damages for property damage?

Answer 4

Reasonable cost of repair, or if the property is nearly destroyed, its fair market value at the time of the accident.

Question 5

When may a plaintiff recover punitive damages?

Answer 5

If defendant’s conduct was willful and wanton, reckless, or malicious.

Question 6

What are nonrecoverable items?

Answer 6

(i) Interest from the date of damage in a personal injury action, and
(ii) attorney’s fees

Question 7

Does a plaintiff have a duty to mitigate?

Answer 7

Yes, he must take reasonable steps to mitigate damages.

Question 8

Are damages reduced because of a collateral source, such as an insurance policy recovery?

Answer 8

No.