Calculating Damages Multiple Choice Flashcards
(8 cards)
A medical student who is one semester away from graduating is tragically struck by a car and suffers a severe brain injury. The student files a lawsuit against the driver of the car seeking damages for lost future earning capacity in the amount of wages she would have earned over her career as a medical doctor had she not been injured and rendered physically incapable of finishing medical school. Assuming the negligence of the driver is proven, what is the best argument the defendant can make to convince the court that damages for lost future earning capacity should not be awarded.
A. Damages for lost future earning capacity are never recoverable
B. The damages are uncertain
C. The damages are excessive
D. The economic loss rule bars recovery
B - maybe not winner, but complete argument
Which of the following is the most accurate description of the rule of certainty?
A. A plaintiff must specifically plead all causes of action with reasonable certainty
B. Damages must be proven to a reasonable degree of certainty but mathematical
precision is not required
C. Damages must be proven with absolute certainty
D. Special damages must be proven with certainty; general damages need not be
B
Teri is injured in a car accident. Dave is the driver of the car who caused the
accident. Teri requires medical treatment at a hospital, which costs $50,000. Teri has medical insurance that pays $45,000 of that cost; she pays the rest out of pocket. In Teri’s lawsuit against Dave, what is the correct amount of her special damages for medical expenses?
A. $45,000
B. $5,000
C.$50,000
D. $55,000
C (Collateral Rule=Responsible for ALL harm)
Which of the following is true regarding damages for future harm?
A. Damages for future harm are always somewhat uncertain but can be proven with reasonable certainty in appropriate cases
B. Damages for future harm are typically not recoverable
C. Damages for future harm are not recoverable in tort cases
D. Damages for future harm are not compensatory damages
A - No one can predict the future–>speculative–>must be reasonably certain standard
Brenda is an executive for a technology company. She has a long term employment contract with the company; it has agreed to pay her a salary of $100,000 per year, for 10 years. After two years, the company fires Brenda, in breach of the contract. Brenda is extremely upset and sues the company. What is the most likely result of Brenda’s lawsuit?
A. Brenda will be awarded emotional distress damages but no damages for financial loss
B. Brenda will be unable to recover any damages
C. Brenda will be awarded $800,000 in damages
D. Brenda will be awarded $100,000 in damages
C - Balance owed a contract with reasonable certainty. No emotional distress because it is breach of contract
- What is the primary purpose of the collateral source rule?
A. To punish the tortfeasor
B. To hold tortfeasors responsible for the entire amount of the loss they caused
C. To encourage injured parties to sue
D. To ensure injured parties are compensated only for actual losses
B
Which of the following is the most accurate description of prejudgment interest?
A. Prejudgment interest gives complete compensation to a plaintiff by accounting for the time value of money
B. Prejudgment interest is not available in contract cases
C. Prejudgment interest is calculated by a rate the factfinder determines to be appropriate
D. Prejudgment interest is only added to damages for future harm
A - Predetermined by statute
- Why is it necessary to reduce damages to present cash value?
A. So damages awarded for harm that has already occurred are not properly
inflated
B. To create an incentive for juries to award seemingly speculative future harm
C. To prevent a windfall to the plaintiff.
D. To ensure that plaintiffs are adequately compensated even after paying attorney
earlier fees
C - Money in hand is worth more than it was earlier.
