Damages for Personal Injuries Torts 1

Damages

Through damages the plaintiff
should be compensated in a
way that places the person
injured by the defendant into
a position he or she would
have been in had the
defendant not injured her

� Medical expenses

Includes all charges for treatment of the injury up to the
date of the trial

Economic Losses
Caused by
Physical Injury

Generally include awards for medical expenses to treat the
injury and for lost wages

Future medical expenses

Plaintiff is entitled to recover the cost of all future
medical treatments or nursing care that may be
needed

� Economic loss

Includes wages lost before trial, as well as all wages that
will be lost in the future as a result of the inability to work
resulting from the injury

...

� The plaintiff's present wages
� Expected wage growth
� Years of work expectancy
� Subtraction for other employment in mitigation
� Discounting to present value
� Determination of the tax effect on the award

SEFFERT V. LOS ANGELES TRANSIT LINES

An appellate court may only interfere with the amount of a damages award where it shocks the conscience and
indicates passion, prejudice, or corruption on the part of the jurors

Non
-Economic
Losses: Pain and
Suffering

Pain is the physical pain
that plaintiff suffers from
his injuries
Suffering is the
psychological pain that
the plaintiff feels because
of his condition

MCDOUGALD V. CARTER

Rule:
Some degree of cognitive awareness of loss by the plaintiff is a prerequisite to recovery for loss of enjoyment of life.

Collateral benefits rule

Helfend v. Southern California Rapid Transit District
Under the collateral-source rule, if an injured party receives compensation for his injuries from a source
wholly independent of the tortfeasor, this payment cannot be deducted from the damages that th

Future Damages
and Discounting
to Present Value

Jones & Laughlin Steel Corp. v.
Pfeifer
Rule:
In calculating damages for lost future income, a court can take into account foreseeable promotions,
foreseeable growth in the industry, and estimated future price inflation, but can offset that total by an
es

Mitigation of Damages

A rule requiring a plaintiff to have done whatever was reasonable to minimize the damages caused by the defendant.

Punitive Damages

Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.

State Farm Mutual Automobile
Insurance Co. v. Campbell

Awards of punitive damages by state courts that exceed a single-digit ratio between
punitive damages and compensatory damages are usually "grossly excessive" and
violate the Due Process Clause of the Fourteenth Amendment