Damages and Compensation Flashcards

What is diminished value in a vehicle accident claim?

Answer: The reduction in a vehicle's market value after being repaired following an accident

Diminished value compensates the owner for the fact that a repaired vehicle is worth less on the market than a comparable vehicle with no accident history.

What are special damages in a personal injury case?

Answer: Specific, itemized out-of-pocket losses including medical bills, lost wages, and property damage

Special damages, also called economic damages, are concrete, calculable financial losses that can be proven with documentation.

How do courts typically calculate pain and suffering damages in accident cases?

Answer: Using a multiplier of economic damages or a per diem daily rate method

Attorneys often use a multiplier or per diem approach to calculate pain and suffering, though juries ultimately decide the amount.

What is permanent partial disability in an accident injury context?

Answer: A lasting impairment that reduces but does not eliminate the plaintiff's ability to function or work

Permanent partial disability means the plaintiff retains some functional capacity but suffers a lasting impairment that affects their daily life or earning ability.

What is the purpose of a life care plan in a serious accident case?

Answer: To document and project the future medical costs and care needs of a catastrophically injured plaintiff

A life care plan, prepared by a rehabilitation specialist, details the ongoing medical treatment, equipment, and care the plaintiff will need for the rest of their life.

What are hedonic damages?

Answer: Compensation for the loss of enjoyment of life and ability to engage in activities the plaintiff previously enjoyed

Hedonic damages address the plaintiff's loss of ability to enjoy life's pleasures and activities as they did before the accident.