Damages

DAMAGES Plaintiff must show that he suffered compensatory damage which Plaintiff can make whole. PROPERTY DAMAGES   If property is destroyed, damage is market value of property at time of wrong. If property damages, damage is difference between MV before and after accident. If depravation of use of property, then rental value of period Plaintiff without use of property.  PERSONAL INJURIES      Past and future pain and suffering, Past and future medical expenses, Lost earnings and lost earnings capacity1, Permanent disability and disfigurement, and Hedonic damages—loss of pleasure. DEATH  WRONGFUL DEATH STATUTES—spouse, kids, siblings can recover for lost income and companionship. SURVIVAL STATUTES—damage = how much decedent lost as a result of his death.  1 Earnings capacity not dependent on earnings at time of death, but potential (i.e. surfer could have been lawyer.) NEGLIGENCE