Damages and Compensation Flashcards

What are economic damages in an accident case?

Answer: Quantifiable financial losses such as medical expenses, lost wages, and property damage

Economic damages cover out-of-pocket and calculable financial losses directly resulting from the accident.

How is future lost earning capacity calculated in a personal injury case?

Answer: By projecting the plaintiff's pre-injury earnings over their expected work life, discounted to present value

Economists and vocational experts calculate future lost earning capacity based on projected wages, career trajectory, work-life expectancy, and present-value discounting.

What is mitigation of damages in accident law?

Answer: The plaintiff's legal duty to take reasonable steps to minimize their losses after an accident

Plaintiffs must take reasonable steps to reduce their damages; failure to mitigate can reduce their recovery.

What damages can be recovered for a wrongful death caused by an accident?

Answer: Funeral expenses, loss of financial support, loss of companionship, and survivors' grief

Wrongful death damages typically include economic support the deceased would have provided, funeral costs, and non-economic losses like companionship and grief.

What is the collateral source rule in accident cases?

Answer: Damages cannot be reduced because the plaintiff received compensation from a source independent of the defendant, such as health insurance

The collateral source rule prevents defendants from reducing damages owed because the plaintiff's own insurance or benefits covered some losses.

What are general damages in a personal injury context?

Answer: Non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life

General damages compensate for subjective, intangible harms that do not have a precise dollar value, unlike special economic damages.