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Negligence-Damages
The key concepts and terms related to damages
26
Law
Not Applicable
10/07/2011

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Cards

Term
What are compensatory damages?
Definition
Damages designed to compensate the plaintiff; consist of both general and special damages.
Term
What are general damages?
Definition
damages that generally result from conduct engaged in by the defendant
Term
What is the collateral source rule?
Definition
precludes the admission of evidence to jury regarding payment of benefits such as Medicare, pension payments, & vacation and/or sick pay to the injured party from a source other than the tortfeasor. This rule gives the plaintiff the ability to recover twice for damages.
Term
What are the rules for damages for physical harm to property?
Definition
Totally Destroyed: Fair Market Value
Partly Destroyed: Value Before Tort = Value after Tort + Damages Rewarded
Term
What is loss of consortium?
Definition
Loss of services, including companionship, sex, and earnings outside of the home
Term
What are some of the types of questions to ask a potential client?
Definition
1. Medical Expenses
2. Lost Wages
3. Property Damage
4. Pain & Suffering
Term
What are Survival Statutes?
Definition
*Injured party's claim survives his death
*Damages awarded to deceased estate
Term
What are wrongful death statutes?
Definition
*Third parties can recover for losses they sustain as a result of victim's death
*Proceeds go to spouses, parents or children of deceased
Term
What is the avoidable consequences rule?
Definition
Obligation of a plaintiff to minimize (mitigate) her damages
Term
What is mitigation of damages
Definition
P cannot recover for any damages she could have avoided.
Term
What are parasitic damages?
Definition
damages attached to physical injury, e.g., mental suffering
Term
What are the criteria for mental suffering damages?
Definition
*most courts say there must be physical harm
*exceptions are made when negligent mishandling of corpses occurs.
Term
Additur:
Definition
When the trial court increases a jury award or orders a new trial because the jury's award of damages is inadequate.
Term
What is a derivative claim?
Definition
Claim derived from underlying claim (e.g. loss of consortium)
Term
Discounting an award:
Definition
Reducing an award to its present value
Term
exemplary damages (also called punitive damages):
Definition
damages designed to punish the defendant and to deter similarly situated wrongdoers
Term
fair market value:
Definition
Amount property could be sold for on the open market
Term
nominal damages:
Definition
damages awarded when liability is shown but no actual damages are proved
Term
present value:
Definition
value of money paid now to compensate for future earnings, based on the assumption that money received today is worth more than money received in the future because of the investment potential of money
Term
punitive damages:
Definition
damages designed to punish the defendant (also known as exemplary damages) and to deter others from engaging in reckless or egregious misconduct.
Term
remitted:
Definition
when the trial court lowers the jury's award of damages or orders a new trial because the damages awarded were excessive
Term
special damages:
Definition
damages that are unique to the plaintiff
Term
structured settlement:
Definition
agreement to pay damages in installments rather than a lump sum
Term
subrogation:
Definition
right of party making payment on plaintiff's behalf to be reimbursed out of judgment plaintiff receives
Term
survival action:
Definition
action that remains available after decendent's death
Term
wrongful death action:
Definition
action brought by third parties to recover for losses they suffered as a result of the decendent's death
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