Tort Damages

Question 1

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

Answer 1

Special Damages

Question 2

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

Answer 2

General Damages

Question 3

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.

Answer 3

Punitive Damages

Question 4

Under this doctrine, 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

Answer 4

Doctrine of Avoidable Consequences

Question 5

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.

Answer 5

Collateral Source Rule