Flashcards in Negligence: Damages (Ch. 7) Deck (18):
What are the 3 types of Damages?
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.
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.
Designed to compensate the victim for her losses and restore her to the position she was in before she sustained injuries.
When trial court increases jury award or orders new trial because the jury's award of damages is inadequate
Claim derived from underlying claim (loss of consortium)
Reducing an award to its present value
the type of damages that generally result from the kind of conduct engaged in by the defendant (generally anticipated)
Loss of Consortium
Loss of services, including companionship, sex, and earnings outside of the home
Damages attached to physical injury (mental suffering)
When the trial court lowers the jury's award of damages or order new trial because the damages awarded were excessive
Damages that are unique to the plaintiff
Agreement to pay damages in installments rather than a lump sum
right of party making payment on P's behalf to be reimbursed out of judgment P receives
Action that remains available after the decedent's death
compensate the family for the loss from time of death to the future.
Mitigation of Damages
Obligation of P to minimize damages