Tort Damages

Question 1

Special Damages

Answer 1

Special damages are pecuniary in nature and related to specific
costs incurred due to the particular circumstances involved in the tort. Special damages
must be specifically claimed and proved. Examples are lost wages, medical expenses
and other “out of pocket” losses.

Question 2

General Damages

Answer 2

General damages are non-pecuniary in nature and are presumed
by the law to be incurred based upon the commission of the tort. General damages
need not be specifically claimed and proved. Examples are pain, suffering and
inconvenience.

Question 3

Punitive or Exemplary Damages

Answer 3

Punitive damages, also called exemplary damages,
are awarded to the plaintiff for the purpose of punishing the defendant for malicious or
reckless conduct. The intent is to make an “example” of the defendant’s conduct so that
such conduct will not be repeated.

Question 4

Loss of Consortium

Answer 4

Loss of consortium means a loss of the benefits that one spouse
is entitled to receive from the other spouse, including companionship, cooperation, aid,
affection, and sexual relations. In a minority of jurisdictions, loss of consortium is also
available related to the loss of a child.

Question 5

Doctrine of Avoidable Consequences

Answer 5

Under the Doctrine of Avoidable
Consequences, a plaintiff must act reasonably to mitigate his or her damages. If the
plaintiff fails to act reasonably to minimize his loss or injury, the amount of damages he
or she recovers may be reduced.

Question 6

Collateral Source Rule

Answer 6

Under the Collateral Source Rule, if a third party provides
benefits or reimbursement to the plaintiff for losses caused by the defendant, no
evidence of the money or benefits from the collateral source may be introduced by the
defendant to try to diminish the amount of damages he owes to the plaintiff.