Negligence: Damages

Question 1

Actual (compensatory) damages

Answer 1

Purpose is to make the P whole again; can include costs of physical injuries as well as emotional damages

Question 2

Mitigation of damages

Answer 2

P must take reasonable steps to mitigate damages

Question 3

Categories of compensatory damages

Answer 3

• Medical expenses
• lost income and reduced earning capacity
• pain and suffering

Question 4

Property damage

Answer 4

P may recover the difference in the market value of the property before and after the injury (may also get repair or replacement value as an alternative measure of damages)

Question 5

Collateral source rule

Answer 5

Traditional: benefits or payments to the P from outside sources are not credited against the liability of any tortfeasor

Modern: most states have passed statutes that eliminate or substantially modify the collateral source rule to avoid double recovery

Question 6

Punitive damages

Answer 6

Purpose is to punish and deter future conduct; may be available if the defendant acted willfully, wantonly, recklessly, or w/ malice