The plaintiffs basic earning capacity 1probably

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The Legal Environment of Business: Text and Cases
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Chapter 5 / Exercise 02
The Legal Environment of Business: Text and Cases
Cross/Miller
Expert Verified
The plaintiff’s basic earning capacity1.Probably wouldn’t have remained constant, promotions, education levelii.The percentage by which the plaintiff’s earning capacity has been diminishediii.The expected duration of the disability, and if permanent1.Could your condition improveiv.Benefits of jobv.The life expectancy of the plaintiff1.Retirement agee.Timing of the award: i.If P dies the day after the lost earnings award, even if jury projected a lost earnings award, the D cannot get the money backii.If the case is being in appealed, and the P dies. Appellate court will not reverse the verdict unless there was an error at the time of calculation f.Duty to mitigate?i.Courts have said noii.Only expected to take a “suitable job”1.Ex: lawyer would not have to become janitor2.Ex: plumber might have to become plumber salesmang.Reducing wages to present valuei.Majority: damages should be reduced to present valueii.Minority: court assumes that inflation and interest will completely offset each other so no discounting is necessaryh.Wife will not get all the lost earnings her husband would have made—have to discount what husband would have spent on himselfWRONGFUL DEATH/SURVIVAL STATUTESI.Survival Statutes: prevent abatement of existing cause of action due to death of either party1)Even though you have died you can recover anything you would haveLaw used to be when you died, claim died with you48
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The Legal Environment of Business: Text and Cases
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Chapter 5 / Exercise 02
The Legal Environment of Business: Text and Cases
Cross/Miller
Expert Verified
All jurisdictions have thesePurpose:ocompensate plaintiffodefendant should be able to escape liability simply because plaintiff died Basically imagine plaintiff was alive during trialII.Wrongful Death Statutes:create causes of action that allows recovery when tortious conduct of the defendant causes someone’s death1)Compensates your loved ones2)Two types of recoveryPecuniary loss: we benefited from income of deceasedoDetermines how much of person’s earnings actually went to the familyoAdopted in minority of statesLoss of companionship/love—very similar to consortiumMajority of statesCan be claimed by a much larger collection of peopleChildren, spouse, parents3)47 states have both statuesthose that don’t have wrongful death statutes use survival statutesNONECONOMIC DAMAGESI.Recoverable in every state1)How does this make the plaintiff “whole”Provide plaintiff solaceCan spend the money to bring you joyUnlike lost earnings and medical expenses this does not give P back what was lostLegal fiction that this will restore the P 2)Law of EconomicsHow much would you pay someone to avoid this painoFormula jurors should use according to this theoryOften this is infinitedrives up costs of awards3)Jury not given a formula of how to award pain and suffering damagesGolden rule: attorney is not allowed to ask jurors to place themselves in the plaintiff’s positionII.Pain and Suffering:1)Preeminent element of recovery in personal injury casesNearly 50% of total recovery

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