1. What are the three major categories of damages? Explain each.
2. What is the difference between general and special damages?
3. When is it appropriate to award nominal damages?
4. When is it appropriate to award punitive damages?
5. What is the problem with awarding damages for pain and suffering?
6. How do you day-in-the-life videos assist jurors?
7. How does the per diem technique assist attorneys in making their arguments regarding awards for pain and suffering?
8. What criticisms have been raised against the awarding of damages for pain and suffering?
9. What is the problem with proving loss of future earnings?
10. Why are courts reluctant to allow recovery for shortened life expectancy?
11. What does the collateral source rule prevent defense attorneys from doing?
12. What is the rationale for the collateral source rule?
13. What is subrogation and how does it relate to the collateral source rule?
14. Why are most personal injury cases handled on a contingency fee basis?
15. Why are contingency fees criticized?
16. How is the fair market value of property determined?
17. What do courts do when Plaintiffs cannot be fairly compensated based on a fair market value because of personal value the property has to the plaintiff?
18. In Florida, can a jury consider the plaintiff/owners' mental pain and suffering caused by a pet's wrongful injury or death?
19. What is the purpose in awarding punitive damages?
20. What must a Plaintiff prove to justify punitive damages?
21. On what grounds are punitive damages criticized?
22. Why did the Grimshaw court believe that the punitive damages award was not excessive?
23. When are punitive damages awarded in Florida?
24. What does recovery for loss of consortium include?
25. Why is a claim considered a derivative claim?
26. How can double recovery for spouses arise? How is this prevented?
27. Can parents recover for loss of consortium in reference to a child?
28. Can children recover for loss of companionship of a parent?
29. What sources can an attorney consult when evaluating the value of a case?
30. What is the difference between a wrongful death and a survival action?
31. Can the remarriage of a spouse be brought up during a case or during voir dire in a wrongful death action?
32. Why might it be to a defendant's advantage to discount an award of future damages?
33. What information is needed to calculate the present value of a future award?
34. What is a structured settlement?
35. What is the avoidable consequences rule?
36. Why are courts reluctant to award damages when a plaintiff has suffered emotional injuries but no physical injuries
37. What is the impact rule?
38. What is the impact rule in Florida?

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1 The three major categories of damages are a Compensatory Damages Compensatory damages aim to compensate the injured party for their losses and restore them to the position they were in before the ha... View the full answer