損害賠償
damages
楊智傑
名詞
• Injunction禁制令
• Damages 損害賠償
• Relief救濟
Jury instructions on damages
• Although plaintiffs sometimes seek
injunctive relief, the likely object of a tort
action is a monetary award of damages
法官降低或增加
• Judge may not set aside damages awards
merely because they would have reached
a judgment different from that of jury.
• However, if a court thinks that the amount
of a jury’s award is excessively high or
excessively low, the court may grant a
motion for a new trial or entertain a motion
for remittitur or additur
名詞
• pain and suffering痛和受苦
• damage caps損害賠償金額上限
損害賠償金額上限(damage caps)
• In general, damage caps which purport to
limit both economic damages (e.g.,
medical expenses) and non-economic
damages (e.g., pain and suffering) have
tended to be held unconstitutional, often
on the ground that they irrationally
discriminate between victims on the basis
of the severity of the injury and tend to
have greatest adverse effect on those
most seriously injured.
名詞
• loss of consortium 親情損失
• Expenses花費
• Spouse配偶
傷害造成的親情損失
• Damages for loss of consortium include
medical expenses paid by the plaintiff for
the injured spouse, the costs of hiring
someone to do the work an injured spouse
cannot do (either temporarily or
permanently), and, in cases involving
serious injuries, compensation for the loss
of the companionship and affection of the
plaintiff’s spouse (sexual or otherwise).
避免損害擴大
• Under the avoidable-consequences rule, a
plaintiff may not recover compensation for
any aggravation of damages which could
have been avoided by the exercise of
reasonable care after the legal wrong was
committed by the defendant.
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Survivor生存者，死者遺屬
Recovery回復
pecuniary losses金錢損失
emotional distress精神痛苦
死亡家屬可請求的損失
• In some states, recovery in a wrongful-death
action is limited to pecuniary losses, such as
income or benefits the survivor has lost as a
result of the death.
• However, most states now permit recovery in a
wrongful-death action of the value of lost
companionship, society, advice, and guidance.
• Some states also allow damages for grief or
other forms of emotional distress.
懲罰性賠償
• Punitive or exemplary damages are
awarded not to compensate the victim, but
to punish or make an example of the
defendant.
懲罰性賠償上限
• Some states have enacted limits on the
amount of punitive damages (e.g., the
Texas statute generally limits punitive
damages, except in cases of certain
felonies, to the greater of (1)two times the
amount of economic damages, plus “an
amount equal to any noneconomic
damages found by the jury, not to exceed
$750,000” or (2)$200,000).