Negligence: Damages (Ch. 7) Flashcards Preview

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Flashcards in Negligence: Damages (Ch. 7) Deck (18):
1

What are the 3 types of Damages?

Compensatory
Punitive
Nominal

2

Punitive Damages aka Exemplary Damages

Intended to punish the D for reckless/egregious misconduct and deter others from the same. Usually for evil intent, intentional conduct, etc, not just negligent.

3

Nominal Damages

Awarded when no actual damages are proved but a tort is shown to have been committed. Because actual damages must be proved in Negligence cases, these are not available in Neg suits. Usually Slander.

4

Compensatory Damages

Designed to compensate the victim for her losses and restore her to the position she was in before she sustained injuries.

5

Additur

When trial court increases jury award or orders new trial because the jury's award of damages is inadequate

6

Derivative Claim

Claim derived from underlying claim (loss of consortium)

7

Discounting Award

Reducing an award to its present value

8

General Damages

the type of damages that generally result from the kind of conduct engaged in by the defendant (generally anticipated)

9

Loss of Consortium

Loss of services, including companionship, sex, and earnings outside of the home

10

Parasitic Damages

Damages attached to physical injury (mental suffering)

11

Remitted

When the trial court lowers the jury's award of damages or order new trial because the damages awarded were excessive

12

Special Damages

Damages that are unique to the plaintiff

13

Structured Settlement

Agreement to pay damages in installments rather than a lump sum

14

Subrogation

right of party making payment on P's behalf to be reimbursed out of judgment P receives

15

Survival Action

Action that remains available after the decedent's death

16

Wrongful-death Action

compensate the family for the loss from time of death to the future.

17

Mitigation of Damages

Obligation of P to minimize damages

18

Collateral Source Rule

Precludes admission of evidence to the jury regarding payment of benefits such as SSN, PTO pay, etc., to the injured party from a source other than the tortfeasor. The rule gives the plaintiff the ability to recover twice for damages.