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Torts - Negligence - Damages

Total questions: 21

Worksheet time: 16mins

Name
Class
Date
1.

Type your first and last name

4 lines
2.

True or False. The two broad categories are compensatory and punitive.

a)

True

b)

False

3.

Which of these are examples of recoverable compensatory damages:

a)

Damages to punish the defendant

b)

Damages to compensate the plaintiff

c)

Damages to deter others from committing the same tort

d)

Pain and suffering

e)

Medical expenses

4.

Which of these are examples of punitive damages:

a)

Damages to punish the defendant

b)

Damages to compensate the plaintiff

c)

Damages to deter others from committing the same tort

d)

Pain and suffering

e)

Medical expenses

5.

Which of these are examples of pecuniary damages:

a)

Damages to punish the defendant

b)

Damages to compensate the plaintiff

c)

Damages to deter others from committing the same tort

d)

Pain and suffering

e)

Medical expenses

6.

Which of these are examples of non-pecuniary damages:

a)

Damages to punish the defendant

b)

Damages to compensate the plaintiff

c)

Damages to deter others from committing the same tort

d)

Pain and suffering

e)

Medical expenses

7.

Which of these are recoverable compenatory damages:

a)

Property damage

b)

Lost income

c)

Loss of companionship

d)

Emotional distress

e)

Attorney Fees

8.

Which of these are pecuniary damages:

a)

Property damage

b)

Lost income

c)

Loss of companionship

d)

Emotional distress

e)

Attorney Fees

9.

Which of these are non-pecuniary damages:

a)

Property damage

b)

Lost income

c)

Loss of companionship

d)

Emotional distress

e)

Attorney Fees

10.

True or False. Pain and suffering damages try to compensate plaintiffs for the pain caused by the accident.

a)

True

b)

False

11.

True or False. Pain and suffering damages include when the defendant has to pay the doctor that set your arm in a cast.

a)

True

b)

False

12.

True or False. Property damages include when the defendant has to pay to fix the body shop to fix your car.

a)

True

b)

False

13.

True or False. Lost income damages include when the accident kept you from work, and the defendant has to pay you the wages that you missed out on.

a)

True

b)

False

14.

Which of these are true statements about the collateral source rule:

a)

It requires defendants to provide some collateral, in case they can’t pay the jury verdict.

b)

It allows the plaintiff to recover the same damages from both the defendant and their insurance company.

c)

It allows the plaintiff to recover lost income from both the defendant and their employer.

d)

None of the above

15.

Which of these can be part of lost income damages:

a)

Profits that a business lost

b)

Wages that an individual lost

c)

Future losses - but these will be discounted to present value

d)

Past losses - but these will be discounted to present value

16.

Which of the following statements about property damage are true:

a)

Plaintiffs can recover the sentimental value of property that is destroyed

b)

Plaintiffs can recover the cost to repair damaged property

c)

Plaintiffs can recover the difference between the value before and after the accident

d)

Value is determined by the what someone would be willing to pay

17.

Which of the following statements about attorneys fees are true:

a)

In most cases, if you lose the case, you pay the other side’s attorneys fees

b)

Most plaintiffs in negligence cases use their personal savings to pay their attorneys fees

c)

In a contingent fee arrangement, the plaintiff’s attorney gets a percentage of the judgment.

d)

In a contingent fee arrangement, the plaintiff’s attorney gets nothing if the defendant wins the case.

18.

True or False. If a spouse is injured or killed, the other spouse can recover the value of companionship and those other things that spouses provide each other.

a)

True

b)

False

19.

True or False. Parents can recover for loss of the companionship of their children, and vice-versa.

a)

True

b)

False

20.

Which of these are true statements about wrongful death actions:

a)

If the defendant’s negligence kills someone, surviving family members can sue on behalf of the deceased.

b)

Surviving family members can recover whatever damages the deceased could have recovered.

c)

The jury verdict becomes an asset of the deceased’s estate.

d)

Damages include the loss of companionship that the surviving spouse suffers.

21.

True or False. An objective test is used to determine whether the defendant can be liable for punitive damages.

a)

True

b)

False