Negligence-Damages

Question 1

What will P be compensated for?

Answer 1

All damages, both economic (e.g. medical expenses) and noneconomic (e.g. pain and suffering). If there is physical injury, may also recover for any resulting emotional distress

Can also recover property damages

Punitive damages:
MBE: if D’s conduct was wanton and willful, reckless, or malicious
NY: gross negligence

Question 2

Is foreseeability of injuries relevant in calculating damages?

Answer 2

Generally, no. You take your P as you find them.

Question 3

Duty to mitigate damages?

Answer 3

Duty to take reasonable steps to mitigate damages

NY: nonuse of seat belt is not evidence of liability but can be considered in mitigation

Question 4

Collateral source rule?

Answer 4

MBE: damages not reduced by other sources

NY: other sources considered in personal injury, property damage, or wrongful death