Chapter 8
General damages and punitive damages are both examples of compensatory damages:
FALSE (General damages and SPECIAL DAMAGES are examples of COMPENSATORY DAMAGES; punitive damages are the 2nd purpose (intention) for damages.)
The P CANNOT recover for damages to a body part which ALREADY had problems/injuries:
FALSE. (But ONLY new and exacerbated injuries may be recovered for damages.)
-The P IS entitled to recover for any future medical bills which the " has a "good chance" of incurring:
FALSE. (Correct: 51% or more OR "reasonable medical probability")
The damages for which the P has no receipts/other documentation (e.g. pain & suffering) are called:
GENERAL damages
Which damage IS HARDER for the P to prove:
GENERAL damages
An example of a "general damage" (no receipts) IS:
Hedonic & Mental anguish & Disfigurement & Loss of consortium.
Which of the following damages IS a P BARRED from asking the jury to award money for in negligence cases?
NONE OF THE FOLLOWING: (Compensation/Punitive/ & Nominal are the 3 categories of damages, which include, past & future, & losses, & Bad Faith Damages (pg 221):) Bodily harm/Loss/reduction of wages/Medical expenses/Personal property/Mental or Emotional harm. (ARE BARRED: pg 220, "prior injury [that] has nothing to do with the current claim.")
Seeing a doctor in a timely manner is considered:
Proper mitigation of damages
The damages for which the P has receipts/or other documentation are called:
SPECIAL Damages
A P's lost wages IS an example of a SPECIAL damage.
TRUE
IN NEVADA emotional distress claims MUST BE ACCOMPANIED by some sort of physical harm/physical manifestation.
TRUE
Making the P "whole" IS a good way to describe the intent of compensatory damages.
TRUE
The Collateral Source Rule IN NEVADA acts to bar the D from telling the jury that the P already got paid for portions of her damages from some other source:
TRUE
COMPENSATORY DAMAGES
These damages ARE intended to pay a P for harms/losses caused by the D's negligence.
The idea of awarding general and special damages IS:
To put the P's in a pre-injured condition.