Topic in 13 - Damages in Tort Actions

Flashcards for reviewing English and American Law lecture notes on Damages in tort actions.

Compensatory Damages

Damages that compensate the victim for bodily injury as well as property and or emotional distress.

Aggravated Damages

High damages imposed in the name of considering the victim's mental damage, especially for wrongful acts that should be severely blamed, distinct from punitive damages.

Nominal Damages

Very small amount of damages imposed on the defendant when infringement of rights is acknowledged, but no actual damage has occurred or the victim hasn't proven an amount

Punitive Damages

Damages awarded in addition to compensatory damages in tort lawsuits with the purpose of punishment and general deterrence for malicious acts.

Special Damages

Easily quantifiable damages such as expenses and lost wages to the date of trial; must be claimed and proven by the plaintiff.

General Damages

Damages that cannot easily be quantified, such as pain and suffering, loss of amenities and enjoyment of life; awarded without specific claim.

Out-of-pocket expenses

Expenses incurred in relation to the treatment of injuries inflicted by the defendant, for which the plaintiff is entitled to be reimbursed.

Pain and suffering

Compensation claimed by a person who has suffered pain as a result of injuries caused by the defendant.

Loss of amenities and enjoyment of life

Compensation claimed for the loss of capacity to enjoy life to the same extent as before the injury or damage caused by the defendant.

Economic Loss

Reimbursement for lost wages or salary due to injury or damage, including compensation for future loss of earning capacity.

Duty to Mitigate Loss

The legal obligation of a person who has suffered injury or damage due to a tort to take reasonable steps to minimize the extent of the harm.