This is the old version of the H2O platform and is now read-only. This means you can view content but cannot create content. You can access the new platform at https://opencasebook.org. Thank you.

XXII. Damages

Original Creator: Jonathan Zittrain Current Version: Scott Soloway Show/Hide

Once one gets beyond the concrete medical bills and replacement costs for lost items chargeable in a tort action, assessing damages can be profoundly difficult. The core idea of tort is to make a deserving plaintiff whole again, and money is the vehicle by which to do it.

Lost wages might be clear in some cases, and speculative in others. What amount to account for a lifetime’s labor for a ten year old girl who has been wrongfully killed? A one-day-old baby?

If someone’s wrong has caused pain and suffering, that’s a negative to be offset by the positive of compensation. But how should a jury assess pain and suffering? Sometimes this can be thought of as a question of evidence: what may be brought before the jury as fact by one party, subject, as always, to challenge by the other? At other times it may fall to jury instructions, or to what a lawyer may say in opening or closing argument.


Edit playlist item notes below to have a mix of public & private notes, or:

MAKE ALL NOTES PUBLIC (0/4 playlist item notes are public) MAKE ALL NOTES PRIVATE (4/4 playlist item notes are private)
  1. 2 Show/Hide More McDougald v. Garber -- "The Comatose Sufferer"
    Original Creator: NickPrice Current Version: Scott Soloway
    Should courts be willing to grant awards for nonpecuniary damages?
  2. 3 Show/Hide More Seffert v. Los Angeles Transit Lines -- "The Calculating Pain and Suffering Case"
    Original Creator: Jonathan Zittrain Current Version: Scott Soloway
    How should courts go about calculating future damages for pain and suffering?
  3. 4 Show/Hide More Greyhound Lines, Inc. v. Sutton -- "The Worth of a Child Case"
    Original Creator: Jonathan Zittrain Current Version: Scott Soloway
    How should courts calculate the pecuniary “loss” of children who are wrongfully killed?

Playlist Information

March 09, 2018

Author Stats

Scott Soloway

business lawyer practicing law


Other Playlists by Scott Soloway

Find Items

Search below to find items, then drag and drop items onto playlists you own. To add items to nested playlists, you must first expand those playlists.

Leitura Garamond Futura Verdana Proxima Nova Dagny Web
small medium large extra-large