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Fundamentals of Damages in Tort Actions

In-depth legal and policy analyses of compensatory and punitive damages in personal injury, wrongful death, and property damage cases. Treatise provides comprehensive coverage of tort damages, including over fifty 50-state surveys of case law.
Publisher: LexisNexis

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Print Book :4 volumes, loose-leaf, updated annually
ISBN: 9781522136675
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ISBN: 9781522136682
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In-depth legal and policy analyses of compensatory and punitive damages in personal injury, wrongful death, and property damage cases. Treatise provides comprehensive coverage of tort damages, including:

•  Types of Damages: damages in General, nominal damages, and compensatory damages in general;
•  Specific losses: pain and suffering, negligent infliction of emotional distress; intentional infliction of emotional distress; mishandling of dead bodies, loss of enjoyment of life, cost of medical treatment, loss of time or earnings and impairment of earning capacity, third party interference with familial relations, permanent injury, increased likelihood of illness and/or disability and related anxiety;
•  Special issues: tort reform legislation, aggravation of injury, mitigation of damages, the collateral source rule, prenatal injuries, spoliation of evidence;
•  Wrongful death and survival actions: Overview, survival actions, wrongful death actions - loss to beneficiaries, wrongful death actions - loss to estate, death of a minor child, wrongful death of an unborn child, loss of a chance of survival, procedural and related matters associated with death actions;
•  Evidentiary issues: reference to any amount sought, evidence of family circumstances of litigants, life and work expectancy - use of mortality tables;
•  Personal property: damages to and destruction of personal property;
•  Inflation, taxes, and interest: inflation and reduction to present value, tax consequences in personal injury actions, interest;
•  Punitive damages

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Table of Contents

Ch. 1, Damages in General

Ch. 2, Nominal Damages

Ch. 3, Compensatory Damages in General

Ch. 4, Pain and Suffering

Ch. 5, Negligent Infliction of Emotional Distress

Ch. 6, Intentional Infliction of Emotional Distress

Ch. 7, Mishandling of Dead Bodies

Ch. 8, Loss of Enjoyment of Life

Ch. 9, Cost of Medical Treatment, Nursing Care, and Related Expenses

Ch. 10, Loss of Time or Earnings and Impairment of Earning Capacity

Ch. 11, Third Party Interference with Familial Relationships

Ch. 12, Permanent Injury

Ch. 13, Increased Likelihood of Illness and/or Disability and Related Anxiety

Ch. 14, Tort Reform Legislation

Ch. 15, Aggravation of Injury

Ch. 16, Mitigation of Damages

Ch. 17, The Collateral Source Rule

Ch. 18, Prenatal Injuries--Wrongful Pregnancy, Wrongful Birth, and Wrongful Life

Ch. 19, Spoliation of Evidence

Ch. 20, Wrongful Death and Survival Actions--An Overview

Ch. 21, Survival Actions

Ch. 22, Wrongful Death Actions--Loss to Beneficiaries

Ch. 23, Wrongful Death Actions--Loss to Estate

Ch. 24, Death of a Minor Child

Ch. 25, Reserved

Ch. 26, Wrongful Death of An Unborn Child

Ch. 27, Loss of a Chance of Survival

Ch. 28, Procedural and Related Matters Associated With Death Actions

Ch. 29, Wrongful Death Statutes by Jurisdiction

Ch. 30, Reference to the Amount Sought

Ch. 31, Evidence of Family Circumstances of Litigants

Ch. 32, References to the Financial Status of Litigants

Ch. 33, Damages Questionnaire

Ch. 34, [Reserved]

Ch. 35, [Reserved]

Ch. 36, Life and Work Expectancy—Use of Mortality Tables

Ch. 37, Damages to and Destruction of Personal Property

Ch. 38, Inflation and Reduction to Present Value

Ch. 38A, Tax Consequences in Personal Injury Actions

Ch. 39, Interest

Ch. 40, Punitive Damages