Torts Damages Flashcards
Compensatory damages
Make P whole again and restore P to previous condition before injury
Two types of compensatory damages
Personal injury and Property damages
Personal injury-General non economic
Physical P & S, loss of function or appearance, emotional distress, loss of enjoyment of life
Personal injury-Specific economic
medical bills, lost wages, loss or impairment of future earning capacity
Future economic damages must….
be reduced to present value
Property damages
If prop destroyed-FMV. If prop damaged-cost of repair. Deprivation of use-FRV. Sometime cts will allow personal value to fam heirlooms
Punitive damages
Additional $ to punish and penalize D.
No punitives in _____ cases
Vicarious liability. EXC: participated or condoned the action.
In NC, punitives
can’t be more than 3X compensatory damages or $250,000 whichever greater.
In NC, punitives exception
harm caused by motor vehicle DWI
In NC standard for recovery of punitives
- D must be liable for compensatory damages 2. one of the aggravating factors was present and proved by clear and convincing evidence-fraud, malice, willful or wanton conduct.
Max recovery rule
Judge can overrule jury’s award of damages if verdict excessive or inadequate
Mitigation of damages
P has a duty to take reasonable care to avoid aggravating an injury caused by a tortfeasor
Factors to consider in determining if failure to submit to procedure unreasonable
Risk of procedure, prob of success, expenditure of money or effort required, and pain involved
Collateral Source Rule
Payment made to or conferred on the injured party from sources are not credited against tortfeasors liability unless made by or on the behalf of tortfeasor
