Any of these questions could be an essay question, including hypotheticals that require applying these principles.
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Right of a medical insurance plan for reimbursement from a successful plaintiff's judgment, preventing double recovery
Modern courts are relaxing the historic limitation on recovery for mental suffering where a plaintiff suffered no ______ injury.
A type of compensatory damages, _____ damages are damages that are specific or unique to the plaintiff, such as medical expenses, lost wages, or future impairment of earnings. They must be specifically pleaded in a complaint.
Discounting an award of damages to _______ ________ prevents the plaintiff from realizing an unwarranted windfall (that plaintiff could obtain by investing the money) and reduces losses to the defendant.
Payment of a damage amount, usually for future damages, using a periodic payment plan.
Fair market ____ is used to calculate damages for physical harm to property, and is determined on the basis of the market at the place and time that the wrong occurred
A _____ action statute allows an injured party's claim to survive his/her death.
Impaired Earning Capacity includes recovery for _____ earnings and recovery for prospective future losses.
Most courts do _____ allow damages for shortened life expectancy.
A loss of ________ claim is a claim for damages for the lost services of a spouse, such as companionship, sex, earnings outside the home, etc.
Most courts refuse to allow evidence of _____ in a wrongful death action.
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______ damages are damages that are intended to punish the defendant for reckless or egregious misconduct and deter others from engaging in the same or similar wrongful conduct.
A _____ _____ action allows a third party to bring a claim to recover for losses sustained as a result of an injured person's death.
True or False: Under the Collateral Source Rule, a defendant is not allowed to introduce evidence that plaintiff is entitled to be reimbursed for losses through another collateral source, such as insurance, Social Security, etc.
One difficulty in awarding damages for pain and suffering is that they are necessarily __________.
A plaintiff has a responsibility to _______ their damages, or to take reasonable steps to avoid additional harm and thereby, additional damages.
Damages awarded pursuant to a claim brought under a survival statute belong to the decedent's ______.
A type of compensatory damages, _____ damages are damages that generally result from the kind of conduct engaged in by the defendant, such as pain and suffering.
A trial judge can _____ or reduce punitive damages awarded by the jury where the award is excessive, considering the degree of reprehensibility of the conduct, a comparison of the amount of harm suffered to the punitive award, and the difference between the punitive damages awarded and the civil penalties awarded in similar cases.
__________ damages are damages that compensate the victim for their losses and restore them to the position they were in before they sustained their injuries.
A loss of consortium claim is considered _____ because it is dependent on and derived from the spouse's underlying claim.
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