Deck 11: Damages

Question 1

ACROSS
3 (Lat) "by the day" or daily.
5 A claim filed by the plaintiff's spouse for the loss of companionship in the marriage caused by the injuries.
13 A rule of evidence that allows the jury to be informed about the plaintiff's other sources of compensation, such as insurance, worker's compensation, etc.
14 A court order dismissing the jury's verdict and award of damages and entering an entirely different finding.
15 Monetary assessments by the jury against a party that are designed to punish or make an example of the party for others.
DOWN
1 An award by the jury (or judge) designed to compensate the plaintiff for physical or financial losses.
2 A type of injunction issued by the court without benefit of a hearing; it specifically describes actions that a person is barred from carrying out and sets a hearing date so that the parties can address the court.
4 A court order that specifies the duties and obligations of a party.
6 The doctrine that holds that it is the responsibility of the plaintiff to lessen his or her potential injuries or losses by taking reasonable actions to seek medical treatment or take other precautions when a reasonable person in the same situation would have done so.
7 The amount that a willing buyer would pay for an item that a willing seller would accept.
8 Monetary awards by a jury (or judge) that are closely tied to the defendant's actions but have no preset or easily quantifiable amount.
9 A court order that demands a certain action or prohibits a certain action.
10 Monetary payments assessed against a party who has been deemed liable to another party in a civil case.
11 Damages, such as lost wages or medical bills, that can be calculated with specificity.
12 The doctrine of fairness and justice; the process of making things balance or be equal between parties.

Answer 1

There is an award that the jury gives as a compensation for the loss that the victim went through during the crime. Here, the loss includes both, 'Physical loss' and 'Financial loss'. In such a situation, the compensation will try to bring the plaintiff's life back to his/her original position as it was before the damage. The compensation of money is providing here, be it for the injuries on the body or the property or building loss. Though it cannot completely change the life of the plaintiff but it can help him/her recover harms or loss.
The favorable word is: COMPENSATORY DAMAGES

Question 2

What are nominal damages

Answer 2

Nominal Damages- These are damages awarded to the plaintiff when the plaintiff couldn't prove substantial losses through evidence or didn't suffer any damages as such, but has a legally valid claim.
In cases where the plaintiff files a personal injury suit against the defendant, the plaintiff's attorney proves before the court by submission of proper evidence, the incurrence of losses suffered by him. If proved, then the court awards compensatory damage with the purpose of repayment in mind.
However sometimes it is possible that the plaintiff's side is unable to prove any substantial loss, or in cases where the plaintiff didn't suffer any actual loss, the court may award damages which are nominal in nature. These damages may cover only the cost of the litigation and sometimes may even be of a value of a dollar.
These kinds of damages are generally pleaded by plaintiffs when he has a rightful legal claim but didn't incur any substantial injury. Also, if a plaintiff is a victim of victimization but didn't suffer any losses these kinds of nominal damages may be pleaded before the court.
The purpose of these kinds of damages is not to seek compensation but to get an acknowledgement from the court that the plaintiff's legal right is violated. This is a way of ensuring that a formal record of the violation of the plaintiff's right is kept with the court.
Sometimes the court by themselves may award a nominal damage in spite of the plaintiff having proved substantial losses. This is done when the judges feel that awarding the claimed amount would be unjustified or unwarranted.

Question 3

Compare and contrast damages. Prepare a three-page, double-spaced report discussing the differences and similarities between compensatory damages and punitive damages. Include references to special and general damages, future damages, punitive damage caps, and how these damages are proved at trial.

Answer 3

Compensatory damages are those damages in which the damages are provided to compensate the plaintiff. Usually the main function served by the damages is that they are to make the plaintiff forgo the incident. The compensatory damages are provided to plaintiff because of the negligent acts of the defendant. Whereas some losses are of such nature that they compensate the plaintiff in full amount and in some cases is does not happens so.
General damages are also similar nature like of compensatory damages. It is just the acts of the defendant result into pain and sufferings to the plaintiff. The damages for the pain and sufferings are difficult to evaluate because they are having an emotional impact on the individual. Hence it is difficult in the cases to calculate the amount for the pain and sufferings.
Future losses are those losses which will take place in the coming time period. Such loss can be understood like a person going for medical surgery and if the doctor has not operated correctly then the loss could be said as future loss. Medical sufferings are biggest example of future losses.
Special damages is that category of the damages in which the amount to be compensated is already fix and specific. For an instance, if there is car damage case then the damage amount is decided as the loss which has cause will be covered in the damages. Such kind of damages mounts to be the specific damages.
Punitive damages are those damages of similar nature like compensatory damages. As all the damages serve the same purpose the punitive damages are also to compensate the plaintiff. It is just I order to reimburse amount to the plaintiff for not fulfilling the specific promise or duty.

Question 4

What are equitable remedies

Question 5

Define general damages.

Question 6

What is a court's power of equity

Question 7

Explain "pain and suffering" damages.

Question 8

Explain circumstances that would justify a declaratory judgment.

Question 9

Explain how an attorney would raise a per diem argument to a jury for an assessment of damages.

Question 10

Explain how legal professionals evaluate cases for possible damage awards.

Question 11

How did Michael's physical condition and lifestyle affect his medical condition?

Question 12

What are special damages

Question 13

How does the attorney present damages to the jury

Question 14

Many states have passed tort reform statutes that limit punitive damages or prohibit them in certain types of cases. Have these statutes gone too far or not far enough? Justify your answer.

Question 15

What is the purpose of an asset search

Question 16

What are arguments for and against punitive damages

Question 17

Review the Baker case in Appendix B and then prepare an evaluation of the case based on the material in this chapter. Is there a strong possibility of proving damages in this case? Is it likely that the jury will find the defendant liable for these damages? Can the defendant pay a large judgment? You should consider these and additional factors in preparing your Baker case evaluation.

Question 18

What is the role of the jury in assessing damages

Question 19

Give jury instructions regarding general, special, and punitive damages. Review your state's statutes on general, special, and punitive damages and prepare jury instructions for the plaintiff in the Baker case (located in Appendix B). What issues does this case suggest that would be a factor in an award of general or special damages? Is this case appropriate for a request of punitive damages?

Question 20

How would you classify lost wages and medical bills Are they general damages or special damages

Question 21

How did the doctors treat Michael's reports of chest pain?

Question 22

Can a plaintiff recover for future losses Explain your answer.

Question 23

According to expert testimony, how did the doctor's negligence affect Michael's life expectancy?

Question 24

What is the collateral source rule

Question 25

What were the calculations concerning Michael's income and his future damages?

Question 26

Explain mitigation of damages.

Question 27

Did the jury award damages for future loss?

Question 28

In what circumstances can a plaintiff recover for emotional distress

Question 29

Explain the court's decision based on the collateral source rule.

Question 30

What is loss of consortium

Question 31

What is the function of a "day in the life" video

Question 32

What are "bad faith" damages

Question 33

What is the function of compensatory damages

Question 34

Explain punitive damages.