Damages & Multiple Tortfeasors

Nominal damages

A small monetary award (often one dollar) given to plaintiffs to vindicate

Compensatory Damages

Intended to represent the closest possible financial equivalent of the loss or harm suffered by the plaintiff. Purpose is to make the plaintiff whole against, to restore the plaintiff to the position the plaintiff was in before the tort occurred

Collateral source rule

Courts must exclude evidence of payments received by an injured party from sources "collateral" to the wrongdoer such as private insurance or government benefits - ensure defendant pays full amount of damages

Excessive punitive damages

Gore Guideposts

1. Degree of reprehensibility of defendant’s conduct

2. Disparity between actual and potential harm suffered by plaintiff and punitive award

3. Difference between punitive award and civil penalties in comparable cases

Punitive damages

Additional sum, over and above the compensation of the plaintiff, awarded in order to punish the defendant and to deter defendant and others from engaging in similar tortious conduct in the future

Maximum recovery rule

If the jury award exceeds the maximum amount which they could have reasonably found, the judge may reduce the award

Total offset method

T (how much P would have worked) x M (how much P would have earned)

Overcomps P but simple calculation

Real interest method

Years of future earnings x RFR

Calculate PV factor

Multiply base income by PV factor to get PV

Avoidable consequences doctrine

Defense:

Plaintiff must act reasonably to mitigate damages - defendant not liable for exacerbated injuries

Structured settlement

Typically annuity purchased by defendant for plaintiff - capital gains and income NOT TAXED

Excessive compensatory damages

An award of damages is excessive if:

1. It falls outside the range of fair and reasonable compensation

2. Result from passion or prejudice

3. So large that it shocks the conscience