Negligence: Damages

Question 1

Actual Damages

Answer 1

P must prove ACTUAL HARM, not just economic loss

Question 2

Nominal Damages

Answer 2

Not recoverable in negligence actions

Question 3

Attorney’s Fees

Answer 3

Not recoverable in a negligence actions

Question 4

Compensatory Damages

Answer 4

Compensation that would make victim whole, as if they had never suffered the injury

Question 5

Duty to Mitigate

Answer 5

P must take steps to mitigate damages

Question 6

Compensatory Damages: Personal Injury

Answer 6

(1) Medical expenses (past/future)
(2) Lost wages and reduced future earnings
(3) Pain and suffering (past/future)

EGGSHELL SKULL RULE APPLIES

Question 7

Compensatory Damages: Property Damage

Answer 7

P may recover difference in FMV of property before and after injury

Question 8

Collateral Source Rule

Answer 8

Benefits or payments to P from outside sources are not credited against the liability of any tortfeasor

MANY STATES HAVE ELIMINATED THIS RULE TO PREVENT DOUBLE RECOVERY

Question 9

Punitive Damages

Answer 9

May be available if D acted:
(1) WILLFULLY;

(2) WANTONLY;
(3) RECKLESSLY; or
(4) with MALICE