Types of damages
The primary purpose of tort damages
What is to make the plaintiff whole
The two categories of compensatory damages.
What are special (economic) and general (non-economic) damages?
The purpose of punitive damages.
What is to punish the defendant and deter future conduct?
At common law, who could bring a tort claim.
Who is the injured victim?
Defense where any plaintiff fault bars recovery.
What is contributory negligence?
What a plaintiff must show in order to receive damages?
What is actual harm or injury?
Damages that can be objectively calculated.
What are special or economic damages?
Punitive damages go beyond this type of damages.
What are compensatory damages?
Statutes that allow relatives to recover for a decedent’s death.
What are wrongful death statutes?
The majority rule that reduces damages by plaintiff’s fault.
What is comparative fault?
The type of damages meant to make the plaintiff whole.
What are compensatory damages?
Damages for pain, suffering, and loss of function.
What are general or non-economic damages?
Why intent alone is insufficient for punitive damages.
What is that punitive damages require bad motive or reprehensible conduct?
Who brings a wrongful death action.
Who are the statutory beneficiaries?
The doctrine that allows recovery despite contributory negligence.
What is the last clear chance doctrine?
The rule requiring all past and future losses to be included in one award.
What is the single recovery rule?
Whether legal fees are included in compensatory damages.
What is no, legal fees are not included?
The constitutional principle limiting excessive punitive damages.
What is due process?
Whose losses are compensated in wrongful death actions.
What are the beneficiaries’ losses resulting from the death?
Defense requiring voluntary assumption of a known risk.
What is assumption of risk?
Who decides the amount of damages awarded to the plaintiff.
Who is the jury?
How attorneys are typically paid in tort cases.
What is a contingency fee arrangement?
the three factors used to evaluate punitive damages.
What are (1) reprehensibility, (2) ratio to compensatory damages, and (3) comparison to civil penalties?
The action that allows a decedent’s original claim to continue after death.
What is a survival action?
The difference between assumption of risk and contributory negligence.
What is that assumption of risk is subjective, while contributory negligence uses a reasonable person standard?