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Exam 7: Negligence: Damages

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What is the justification for the collateral source rule?

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The rationale for this rule dates back t...

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The of property is based on the amount the property could be sold for on the open market.

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Some courts have imposed a physical harm requirement to minimize the possibility that a plaintiff is feigning his or her injuries.

Because mental suffering is considered (because it attaches to the physical injury), some courts that adhere to the rule require the showing of some kind of physical harm before they will allow the plaintiff to recover for his or her mental suffering.

Only spouses can recover under wrongful death statutes.

If the plaintiff's car is totaled in an accident, how will the value of the car be computed?

Wrongful death actions are typically brought by the executor or the administrator of the decedent's estate.

How does the per diem technique assist in the process of providing damages for pain and suffering?

What argument might a defendant give for having a structured settlement?

In what instances are some courts willing to forego the physical harm requirement?

The per diem technique is an attempt to give a concrete value to punitive damages.

Under the common law, when an individual died, the individual's tort action died too.

In some states a survival action cannot exist if the decedent's death was instantaneous.

Damages are sometimes discounted to prevent the plaintiff from receiving a windfall by collecting in the present for future damages.

Some plaintiffs use the technique to establish a concrete numerical value for a pain and suffering award.

To prevent a plaintiff from realizing a windfall in damages, a defendant may propose the plaintiff's award be discounted to the of the award.

Why might you find it difficult to compute future lost earnings for a plaintiff who was employed sporadically as a waitress?

What is the purpose of punitive damages?

Employers are never required to pay punitive damages for torts resulting from the acts of their employees.

Some courts have circumvented the physical harm requirement in those cases where the plaintiff can show he or she was in the "zone of danger."