Negligence: Damages (Ch. 7)

Question 1

What are the 3 types of Damages?

Answer 1

Compensatory
Punitive
Nominal

Question 2

Punitive Damages aka Exemplary Damages

Answer 2

Intended to punish the D for reckless/egregious misconduct and deter others from the same. Usually for evil intent, intentional conduct, etc, not just negligent.

Question 3

Nominal Damages

Answer 3

Awarded when no actual damages are proved but a tort is shown to have been committed. Because actual damages must be proved in Negligence cases, these are not available in Neg suits. Usually Slander.

Question 4

Compensatory Damages

Answer 4

Designed to compensate the victim for her losses and restore her to the position she was in before she sustained injuries.

Question 5

Additur

Answer 5

When trial court increases jury award or orders new trial because the jury’s award of damages is inadequate

Question 6

Derivative Claim

Answer 6

Claim derived from underlying claim (loss of consortium)

Question 7

Discounting Award

Answer 7

Reducing an award to its present value

Question 8

General Damages

Answer 8

the type of damages that generally result from the kind of conduct engaged in by the defendant (generally anticipated)

Question 9

Loss of Consortium

Answer 9

Loss of services, including companionship, sex, and earnings outside of the home

Question 10

Parasitic Damages

Answer 10

Damages attached to physical injury (mental suffering)

Question 11

Remitted

Answer 11

When the trial court lowers the jury’s award of damages or order new trial because the damages awarded were excessive

Question 12

Special Damages

Answer 12

Damages that are unique to the plaintiff

Question 13

Structured Settlement

Answer 13

Agreement to pay damages in installments rather than a lump sum

Question 14

Subrogation

Answer 14

right of party making payment on P’s behalf to be reimbursed out of judgment P receives

Question 15

Survival Action

Answer 15

Action that remains available after the decedent’s death

Question 16

Wrongful-death Action

Answer 16

compensate the family for the loss from time of death to the future.

Question 17

Mitigation of Damages

Answer 17

Obligation of P to minimize damages

Question 18

Collateral Source Rule

Answer 18

Precludes admission of evidence to the jury regarding payment of benefits such as SSN, PTO pay, etc., to the injured party from a source other than the tortfeasor. The rule gives the plaintiff the ability to recover twice for damages.