Damages

Question 1

NOMINAL DAMAGES

Answer 1

• some breach of duty, actual and proximate cause of injury, but injury not quantifiable.
• symbolic award
• Usually Intentional Tort damages / not negligence torts.

Question 2

COMPENSATORY DAMAGES

Answer 2

• Instruction to Jury = Fair and reasonable in light of jury’s findings as to the injuries suffered and will suffer b/c of Defendant’s conduct.

Question 3

Special Damages (Economic Damages)

Answer 3

• Lost Wages
• Medical Bills
• Repair Costs
  
  • Must have proof of damages (pecuniary loss)
    
    • Harm to Property
    • Harm to earning capacity
    • Creation of liabilities
      e. g. cost of hospital care, rehab, medical, funeral expenses, 24 hour care, residential
      care. ..etc…

Question 4

General Damages (Non-Economic Damages)

Answer 4

• Pain and suffering
• emotional distress
• bodily harm
• Loss of Consortium
• Aggravation of a pre-existing condition.
  - May be awarded without proof of pecuniary loss:
  - Bodily Harm / emotional distress

Question 5

Plaintiff’s Duty to MITIGATE DAMAGES:

Answer 5

• Argued by D, if P was negligent by not taking certain steps to avoid further injury.
• Rule of Avoidable Consequences - Applies only to unreasonable failures to Mitigate.

Question 6

PUNITIVE DAMAGES (Exemplary or Vindictive damages)

Answer 6

• only available to people who demonstrate that they have been victims of certain “aggravated forms” of treatment
• Malice, insult, oppression, or wanton and willful violence.
• Punitive Damages = question of law (supreme court)

Question 7

Punitive damages –> if Conduct Demonstrates:

Answer 7

reckless indifference to the rights of others.
- higher degree of reckless conduct: conduct so reckless that it indicates a wanton disregard or deliberate indifference to the danger of injury

Question 8

Wantonness =

Answer 8

(Indifference to danger, consequences, intentionally act where probably consequence = Injury)
- conduct that shows indifference to danger of injury to others, to harmful consequences, and the absence of care.

• Proving deliberate intent is not necessary
• must show indifferent to consequences, d intentionally acted in a way where the probable consequence was injury to the P.

Question 9

Willfullness =

Answer 9

= conscious indifference from which MALICE may be inferred.
(knowledge that negligent act would cause injury, continued with conscious indifference)
- negligent party knew or had reason to believe, his act of negligence was about to inflict injury and that he/she continued to act with a conscious indifference to that injury.

Question 10

Simple Negligence (Carelessness)

Answer 10

NO PUNITIVE DAMAGES