Categories of damages recoverable in tort actions - Next Generation Bar Exam
- Under State Farm v. Campbell, what ratio of punitive to compensatory damages ordinarily marks the limit of due process?
- A single-digit ratio. Ratios above single digits rarely satisfy due process.
- What is the collateral source rule?
- Payments from sources independent of the tortfeasor, such as insurance, do not reduce the damages. Many states have modified the rule by statute.
- What is the duty to mitigate damages in tort?
- The plaintiff cannot recover for harm that reasonable post-injury conduct would have avoided. For example, a plaintiff who unreasonably refuses treatment may lose damages for the resulting aggravation.
- What are compensatory damages?
- Damages that restore the plaintiff to the position before the tort. They include economic and noneconomic damages.
- A defendant negligently taps a plaintiff with an unusually thin skull, causing a severe brain injury. For what harm is the defendant liable?
- The full brain injury. Under the eggshell plaintiff rule, the extent of harm need not be foreseeable.
- What are nominal damages?
- A small sum awarded when a legal right was violated but no actual harm was proved. Nominal damages are available for intentional torts such as trespass and battery.
- A plaintiff's medical bills of $50,000 were paid by her health insurer. Under the traditional rule, how much may she recover for medical expenses from the tortfeasor?
- $50,000. Under the collateral source rule, insurance payments do not reduce the award.
- What are noneconomic damages?
- Damages for intangible harms such as pain and suffering and emotional distress. Some states cap noneconomic damages by statute.
- What is a wrongful death action?
- A statutory action by designated survivors for losses they suffer from the decedent's death. A survival action, by contrast, preserves the decedent's own claims.
- What must a plaintiff show to recover punitive damages?
- Conduct that is malicious, willful, wanton, or in reckless disregard of the plaintiff's rights. Ordinary negligence does not support punitive damages.
- What are economic damages in a personal injury case?
- Monetary losses such as medical expenses, lost earnings, and lost earning capacity. Future economic losses are reduced to present value.
- What is the general rule on recovery of purely economic loss in negligence?
- It is generally not recoverable absent physical injury or property damage. Exceptions include negligent misrepresentation and special relationships.
- What is the eggshell plaintiff rule?
- The defendant is liable for the full extent of harm even if the plaintiff's preexisting condition made it unexpectedly severe. The defendant takes the plaintiff as the defendant finds the plaintiff.