Damages

Nominal Damages

$1; basically damages in name only.

Compensatory Damages

Ordinary damages to award the plaintiff; cannot combine with nominal. AKA actual damages or ordinary damages.

Punitive Damages

Punishment based; aims are retribution, deterrence (specific and general), and funding for litigation.

General Damages

Non-economic or non-pecuniary; more subjective losses.

Pain and Suffering

Emotional distress in standalone IIED; must be consciously aware of it to recover.

Loss of Enjoyment of Life

For a person who has been injured; conscious awareness not required to recover.

Loss of Consortium

Something suffered by the spouse.

Special Damages

Economic or pecuniary damages; more objective losses.

Lost Wages

Compensation for income not earned due to injury.

Medical Expenses

Costs incurred for medical treatment due to injury.

Property Damage

Applies to property torts including negligence, trespass to chattels, and trespass to land.

Lost Earning Capacity

Not on exam; refers to the potential income lost due to injury.

Retrospective Damages

Can award damages for medical expenses incurred from time of injury up to trial.

Prospective Damages

Includes future medical expenses, lost earning capacity, pain and suffering, emotional distress, loss of consortium.

Avoidable Consequences Doctrine

Plaintiff is responsible for exercising reasonable care to minimize damages after the defendant causes an injury.

Collateral Source Rule

If plaintiff receives money from sources other than the defendant, it does not affect the damages amount.

Capping

Limited to medmal; in any action for injury against healthcare provider for medmal, non-economic losses cannot exceed $250,000.

Contributory Negligence

Subsequent damages due to plaintiff's negligence are assignable to both defendant and plaintiff.

Constitutional Limits on Punitive Damages

Cannot violate due process rights; includes procedural and substantive components.

Reprehensibility of Action

One of the considerations for how much can be recovered for punitive damages.

Defendant's Wealth

Assets and financial status considered in punitive damages recovery.

Due Process Rights

Rights that must be respected in punitive damage cases, including fair notice.

Bad State of Mind

Defendant must have recklessness or worse to be liable for punitive damages.