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Damages in Tort Actions provides in-depth legal and policy analyses of compensatory and punitive damages in personal injury and property damage cases, plus case annotations to all jurisdictions and examples of illustrative awards and settlements. It covers damages for pain and suffering, emotional distress, loss of enjoyment of life, medical expenses, loss of earnings and earning capacity, loss of consortium and services, prenatal injuries, wrongful death, destruction of personal property, and more. Click the chapter links below to learn more, and purchase by chapter.
Chapter 1: Damages in General
This chapter from Damages in Tort Actions provides an overview of damages in general, discussing the purpose of damages and the general considerations. Brief discussions of punitive, nominal, and compensatory damages are included. Additionally, the chapter examines elements of damages for personal injury, property, and wrongful death and survival actions; proof, including probable cause; the role of court and jury; the jurisdictional amount in controversy; and the discharge of damages in bankruptcy. The chapter also provides a bibliography.
Chapter 2: Nominal Damages
This chapter from Damages in Tort Actions examines nominal damages, a small sum awarded to a plaintiff whose rights have been violated but without proven loss or harm. This chapter addresses the significance of nominal damages. The chapter also discusses circumstances in which nominal damages are warranted. In addition, the applicability of nominal damages to negligence actions and wrongful death actions is examined. The chapter further discusses award amounts and judicial review for the failure to award nominal damages when warranted. Further, a bibliography is provided.
Chapter 14: "Tort Reform" Legislation
This chapter from Damages in Tort Actions discusses tort reform legislation. The tort reform debate is examined in detail. Major areas of tort reform are discussed, including the collateral source rule; joint and several liability; punitive damages; caps on compensatory damages; periodic payments; medical malpractice; and products liability. Other measures affecting tort liability that are addressed include immunity from liability; arbitration and alternate dispute resolution; assumption of the risk; attorneys' fees; comparative negligence; and frivolous suits. The chapter provides a statutory appendix and a bibliography.
Chapter 38A: Tax Consequences in Personal Injury Actions
This chapter from Damages in Tort Actions discusses federal tax laws regarding litigation settlements and verdicts in personal injury actions. Both income and death taxes are discussed. In addition, the chapter discusses income tax considerations in a jury trial, including the tax effect on future earnings and jury instructions. Next, it covers minimizing tax liability for settlements or verdicts, including tax structuring of a settlement and the tax treatment of unallocated settlements or verdicts. Then, the chapter discusses tax liability for recovers in personal injury cases for the recovery of medical expenses; for recovers under wrongful death and survival claims; for recovery under civil rights and other federal statutes; for recovery under contract claims for lost earning; for recovery under claims for pensions and Individual Retirement Accounts (IRAs); for recovery by a business; and for recovery of interest, periodic payments, punitive damages, legal fees, and costs.
Chapter 110: Evaluating the Diminution of an Individual's Earning Capacity: The Economist's Role
This chapter from Damages in Tort Actions addresses the economist's role in evaluating the diminution of an individual's earning capacity. The economist's evaluation of the diminution of an individual's earning capacity first involves the establishment of a pre-accident base annual earning capacity and an earnings growth rate. Then, the appropriate work-life expectancy must be determined. Next, the economist must assess the post-accident remaining lifetime earning capacity. Finally, the loss or diminution of earning capacity must be assessed. In a situation where it has been determined (by the examining physician and vocational rehabilitation specialist's findings) that the plaintiff is permanently and totally disabled, the loss or diminution of the plaintiff's earning capacity would be the present value of the individual's pre-accident remaining lifetime earning capacity.
Chapter 135: Psychological Disorders and Adaptation to Disability
This chapter from Damages in Tort Actions addresses psychological disorders and adaptation to disability. It discusses personality disorders, neurotic disorders, and psychosis. It also covers stress-related considerations and psychosocial aspects of disability. Numerous disorders are addressed. In addition, the chapter discusses the role of rehabilitation.
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