Negligence - Damages

Question 1

What is required for actual damages?

Answer 1

1. prove actual injury (personal or property - NOT only economic loss)
2. extend off damages do NOT need to be foreseeable

Question 2

If you get actual damages for negligence, can you get nominal damages and attorney’s fees?

Answer 2

NO

Question 3

What are parasitic damages?

Answer 3

When a tort caused physical harm, can add emotional distress damages

Question 4

What are compensatory damages

Answer 4

make the victim whole

Question 5

What does “duty to mitigate” mean?

Answer 5

Not a duty to D, but a limitation on recovery. If P does not mitigate, reduces recovery

Question 6

What counts as “personal injury”?

Answer 6

1. past/future pain and suffering
2. medical expenses
3. lost wages/reduced future earnings

Question 7

How do you calculate property damage?

Answer 7

Difference between fair market value before injury AND immediately after

Question 8

What is an alternative to fair market value calcuation for property damage?

Answer 8

Cost of repair, if the cost of repair does NOT exceed the value of property

(Or the cost of replacement for household items)

Question 9

What is the collateral source rule? (Trad/Modern)

Answer 9

Traditional: benefits from outside sources (P’s insurance) NOT credited against D’s liability - payment by D’s insurer are NOT from a collateral source and ARE credited against D’s liability

Modern: statues have eliminated or substantially modified the rule (don’t want P to get double)

Question 10

When are punitive damages allowed?

Answer 10

1. clear/convincing evidence
2. malicious, willful & wanton, or reckless behavior
3. generally cannot exceed single-digit ratio to compensatory damages