Injury Lawyer Damages & Compensation 2 — Questions and Answers
Question 1: What is the 'collateral source rule' in personal injury damages?
- Defendant's damages are reduced by what the plaintiff received from insurance
- Defendant's liability is not reduced because plaintiff received compensation from independent sources (Correct answer)
- Plaintiff must repay all insurance benefits received
- Both parties split any insurance recovery
Correct answer: Defendant's liability is not reduced because plaintiff received compensation from independent sources
The collateral source rule prevents reducing a defendant's liability because the plaintiff received compensation from independent sources like insurance or government benefits.
Question 2: 'Future damages' in personal injury cases require:
- No special proof beyond the injury itself
- Expert testimony and actuarial calculations to establish reasonable certainty (Correct answer)
- Only the plaintiff's own estimate
- Evidence that damages have already occurred
Correct answer: Expert testimony and actuarial calculations to establish reasonable certainty
Future damages must be established with reasonable certainty through expert testimony, medical opinions, and economic calculations projecting future losses.
Question 3: What is 'hedonic damages'?
- Damages for physical pain
- Damages for loss of ability to enjoy the pleasures and activities of life (Correct answer)
- Damages for lost business opportunities
- Damages for property destruction
Correct answer: Damages for loss of ability to enjoy the pleasures and activities of life
Hedonic damages compensate the plaintiff for the loss of the enjoyment and pleasures of life they experienced before the injury.
Question 4: Which of the following reduces a plaintiff's damages award under the doctrine of mitigation?
- Failure to hire an attorney promptly
- Failure to take reasonable steps to minimize losses after the injury (Correct answer)
- Accepting a settlement offer
- Requesting a jury trial
Correct answer: Failure to take reasonable steps to minimize losses after the injury
Plaintiffs have a duty to mitigate their damages by taking reasonable steps to minimize losses, such as following medical advice; failure to do so reduces recovery.
Question 5: In wrongful death cases, 'survival damages' refer to:
- Damages the deceased's estate can recover for the decedent's own pre-death losses (Correct answer)
- Damages only for funeral expenses
- Damages for the family's grief and sorrow
- Damages for loss of future inheritance
Correct answer: Damages the deceased's estate can recover for the decedent's own pre-death losses
Survival damages are claims belonging to the deceased's estate for losses the decedent personally suffered before death, such as pre-death pain, medical costs, and lost earnings.
Question 6: A structured settlement in a personal injury case means:
- The plaintiff receives a lump-sum payment immediately
- Damages are paid in periodic installments over time (Correct answer)
- The court distributes funds to multiple plaintiffs
- The defendant's insurer pays the plaintiff's attorney directly
Correct answer: Damages are paid in periodic installments over time
A structured settlement pays the plaintiff in periodic installments rather than a single lump sum, often providing tax advantages and long-term financial security.
Injury Lawyer Damages & Compensation 2
What is the 'collateral source rule' in personal injury damages?