Compensation and Damages Flashcards

Which of the following is an example of 'economic damages' in an accident claim?

Answer: Medical bills and lost wages

Economic damages are quantifiable financial losses like medical expenses, property damage, and income lost due to the accident.

What is 'loss of consortium' in an accident damages claim?

Answer: A spouse's claim for loss of companionship and relationship benefits due to the victim's injuries

Loss of consortium compensates a spouse for the deprivation of the relationship, support, and companionship caused by the victim's injuries.

What is the 'eggshell plaintiff' rule in personal injury law?

Answer: A rule that defendants must take plaintiffs as they find them, even if pre-existing conditions worsen the injury

The eggshell plaintiff rule holds defendants liable for the full extent of harm even if the plaintiff had a pre-existing condition that made them more vulnerable.

What is 'future medical expenses' in the context of accident compensation?

Answer: Projected costs for ongoing or future treatment related to accident injuries

Future medical expense claims account for ongoing treatments, surgeries, therapy, and medications required beyond the current date of settlement.

How are pain and suffering damages typically calculated in US accident cases?

Answer: By multiplying medical bills by a factor between 1.5 and 5, or using a per diem method

Common methods include the multiplier method (economic damages × a factor) or per diem (daily rate × recovery days), though courts have broad discretion.

What is the purpose of 'life care planning' in catastrophic accident cases?

Answer: To calculate the total lifetime costs of care needed due to permanent injuries

A life care plan prepared by a medical expert projects all future medical, therapeutic, and assistive costs over the victim's lifetime.