Damages

Question 1

What damages are allowed for negligence claims?

Answer 1

Actual damages are allowed

Nominal damages are not available

Punitive damages are not allowed

Question 2

Personal injury and property damages

Answer 2

Are recoverable

Question 3

Types of Compensatory damages

Answer 3

1. General damages
2. Special damages

Question 4

What types of special damages may plaintiff recover?

Answer 4

• Past
• Present
• Future
  
  • Future special damages are reduced to present value

Question 5

Collateral Source Rule

Answer 5

The fact that plaintiff is being compensated from a 3rd party, doesn’t mean ∆ doesn’t have to pay those damages

*rule also applies to gratuitious services

Question 6

General damages

Answer 6

• aka pain and suffering damages
• are intangible and hard to measure

Question 7

Punitive Damages

Answer 7

Are never recoverable for negligent conduct