Part 5 (damages) Flashcards
What are the 3 types of Damages?
Nominal
Compensatory
Punitive
What is Remittitur?
where a judge gives the plaintiff an option of accepting a reduced amount or be relegated to a new trial. A court lacks authority to decrease a jury award
What is Additur?
Def is given the option of paying an amount beyond what was awarded by the jury or can have a new trial
What are Hedonic Damages?
loss of ability to engage in enjoyable activities
What are Per Diem arguments?
where you reduce the plaintiff’s pain to small increments, and then mulitply
What is Loss of Consortium?
Provides compensation for expenses and lost companionship and affection (applies to spouses in all states, parents in many states, children and siblings in few states, etc.)
What is the Collateral Source Rule?
A Def’s liability is not reduced because the plaintiff has received compensation (insurance) from a source wholly independent of the tortfeasor
What is the Avoidable Consequences Rule?
A plaintiff has a duty to mitigate damages through reasonable post-accident conduct
What are Survival Statutes?
allow a claim to survive the death of either party, and if the plaintiff dies, the claim is pursued by his estate
What are Wrongful Death Statutes?
Permit a designated class of persons to recover for losses sustained as a result of the death of another
What is Wrongful Death: Companionship and Society?
most states allow recovery of lost companionship, society, advice, or guidance
What is Wrongful Death: Grief?
Many states permit recovery for emotional grief or anguish
