DAMAGES
Personal Injury Suit
Wrongful Death Suit (applicable by state statute)
Pain and Suffering
Medical Expenses
Lost Wages
Loss of Enjoyment of Life
Future Lost Wages
Loss of Enjoyment of Life
Disposal Expenses (future "medical")
Punitive Damages
When livelihood has not yet been chosen, future lost earnings are determined on the basis of potential rather than demonstrated earning capacity--> can be extrapolated from individual characteristics such as age, sex, socio-economic status, family characteristics, criminal behavior, academic record, intelligence and dexterity. Additionally, the plaintiff's occupational abilities, industriousness, work habits and experience are relevant.
Past Damages: Starts from the moment of injury to the first day of trial when jury is in panel and opening statements are given
Collateral Source Rule: Third party paying off some money doesn't mean the tortfeasor doesn't have to pay that amount
Examples: Severe and permanent injuries, physical and mental disabilities, pain, emotional distress, disfigurement, deformity and inconvenience as a result of the defendant's negligence
Mental Anguish can be exemplified by hearing that you'll never walk again, frustrated and anxious questions of sexuality. hurt and frustrated when one upsets others by his inability to learn and understand
Calva-Cerqueira v. United States
McDougald v. Garber
Courts generally do not allow pain and suffering awards to unconscious victims. P. 541
Loss of Consortium:
The victim doesn't need to be aware that they're suffering in order to recover
ONLY AVAILABLE IF PLAINTIFF DIES
ONLY AVAILABLE IF PLAINTIFF DIES
ONLY AVAILABLE IF PLAINTIFF DIES
NOT IN NEGLIGENCE CASES-generally available in claims based on intentional torts
A flagrant disregard for the standard of care
Grief: Majority approach is that grief is not included
Mathias v. Accor Economy Lodging, Inc.
Elements to consider when reviewing Punies: (1) The degree of reprehensibility of the defendant's misconduct. (2) The disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award. (3) The difference between the punitive damages awarded by the jury and the civil penalties authorized or imposed in comparable cases.
State Farm Mutual Auto, Ins. Co. v. Campbell