Fundamentals of Damages in Tort Actions
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• 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