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