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:

•  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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