Auto Accident Attorney Damages and Compensation 1 — Questions and Answers
Question 1: What are 'economic damages' in an auto accident case?
- Quantifiable financial losses such as medical bills, lost wages, and property damage (Correct answer)
- Compensation for emotional suffering and pain
- Punitive damages designed to punish reckless drivers
- Fees paid to the plaintiff's attorney
Correct answer: Quantifiable financial losses such as medical bills, lost wages, and property damage
Economic damages are objectively measurable financial losses including past and future medical expenses, lost income, and vehicle repair costs.
Question 2: What are 'non-economic damages' in auto accident claims?
- Compensation for subjective losses like pain and suffering, emotional distress, and loss of enjoyment of life (Correct answer)
- Compensation for vehicle repair costs
- Punitive damages for drunk driving accidents
- Costs of future medical procedures only
Correct answer: Compensation for subjective losses like pain and suffering, emotional distress, and loss of enjoyment of life
Non-economic damages compensate for intangible harms that do not have a fixed dollar value, such as physical pain, mental anguish, and reduced quality of life.
Question 3: What are 'punitive damages' and when are they available in auto accident cases?
- Extra damages awarded to punish particularly egregious conduct such as drunk driving or road rage (Correct answer)
- Standard compensation for medical costs in severe accidents
- Damages paid to the plaintiff's attorney as a penalty
- Automatically awarded in all multi-vehicle accidents
Correct answer: Extra damages awarded to punish particularly egregious conduct such as drunk driving or road rage
Punitive damages are awarded above compensatory damages to punish defendants whose conduct was intentional, reckless, or grossly negligent.
Question 4: What is 'loss of consortium' in the context of auto accident damages?
- A claim by a spouse or family member for loss of companionship, support, and marital relations due to injuries suffered by their partner (Correct answer)
- Compensation for loss of employment benefits
- A claim by an employer for lost employee productivity
- Damages for loss of a vehicle's navigation system
Correct answer: A claim by a spouse or family member for loss of companionship, support, and marital relations due to injuries suffered by their partner
Loss of consortium allows a spouse to recover for the deprivation of companionship, affection, and intimacy caused by injuries to their partner.
Question 5: How is 'future lost wages' calculated in an auto accident case?
- By projecting current income over the victim's remaining work life expectancy, adjusted for inflation and present value (Correct answer)
- By multiplying current weekly pay by 52 weeks per year indefinitely
- By using only the victim's income at the time of the accident
- By calculating unpaid medical leave only
Correct answer: By projecting current income over the victim's remaining work life expectancy, adjusted for inflation and present value
Future lost earnings are calculated using vocational experts and economists who project the victim's earning capacity over their remaining work life, discounted to present value.
Question 6: What is the 'collateral source rule' in auto accident damages?
- Defendants cannot reduce damages because the plaintiff received compensation from other sources like health insurance or disability benefits (Correct answer)
- Health insurance payments automatically reduce the defendant's liability
- Government benefits offset any jury verdict dollar for dollar
- The plaintiff must disclose all other compensation sources at trial
Correct answer: Defendants cannot reduce damages because the plaintiff received compensation from other sources like health insurance or disability benefits
The collateral source rule prevents defendants from reducing their liability because the plaintiff received payments from independent sources like health insurance.
Auto Accident Attorney Damages and Compensation 1
What are 'economic damages' in an auto accident case?