14.0 Damages Overhead - Classification of Tort Damages...

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Unformatted text preview: Classification of Tort Damages Terminology: I. Pecuniaryeconomic losses Examples: Lost earnings Medical expenses Cost of custodial care such as nursing II. Non-pecuniaryphysical and emotional consequences of an injury Examples: Pain and suffering Loss of ability to engage in certain activities Hedonic damages (loss of enjoyment of life) Summary of Personal Injury Damages I. Nominal Awarded in intentional torts when plaintiff suffers no actual damages, but has made out a case not requiring proof of damages & where pl has no actual dmg II. Compensatory Damages awarded to plaintiff to put plaintiff in position she would have been in but for the defendants tortuous act. Make whole is the general rule of tort damage recovery. III. Punitive Damages designed to punish defendant. Awarded only if defendants acts have been willful or wanton II. Compensatory Damages A. Medical expenses Past to time of trial Future--discounted to present value B. Economic damages 1. Lost (past) wages/income a) Calculated up to time of trial b) Note importance of proof 2. Anticipated lost future income-- Discounted to present value a) Expected lifespan b) Mortality tables by race, gender, age, income group establish guidelines c) Expert testimony often needed C. Pain and suffering 1. Includes damages for Pain & suffering...
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14.0 Damages Overhead - Classification of Tort Damages...

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