Negligence: Damages Flashcards
1
Q
Nominal Damages
A
NEVER AVAILABLE IN NEGLIGENCE ACTIONS
2
Q
Personal Injury Claims
A
Compensated for all damages, both economic and noneconomic damages
Foreseeability irrelevant
3
Q
Property Damages
A
Cost of repair OR fmv at time of destruction
4
Q
Punitive Damages
A
Available if defendant acts were willful, wanton, reckless or malicious
5
Q
Non-Recoverable Items
A
Interest from date of damages and attorneys fees
6
Q
Duty to Mitigate
A
Plaintiff has duty to take reasonable steps to mitigate harm
7
Q
Collateral Source Rule
A
Damages are not reduced just because plaintiff received benefits from other source.
