Tort Damages (Personal Injury / Property)
Remedies · Lesson 09
Tort Damages (Personal Injury / Property)
這一課問的是：P 因人身傷害或財產損害可獲什麼賠償？經濟、非經濟、特殊？
ActorActObjectStandardConsequence
Issue · what this lesson is really about
What damages may P recover for personal injury or property damage — economic, non-economic, and special?
這一課問的是：P 因人身傷害或財產損害可獲什麼賠償？經濟、非經濟、特殊？
Trigger words & phrases that should flag this issue:
medicalwagespain and sufferingproperty damagefuture damages
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
economic damages
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Quantifiable losses: medical, wages, repair costs.
經濟損害。
non-economic damages
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Pain and suffering, emotional distress.
非經濟損害。
future damages
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Reasonably probable future losses.
未來損害。
present value
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Future losses discounted to present.
現值。
collateral source rule
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Damages not reduced by P's insurance.
旁源規則。
hedonic damages
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Loss of enjoyment of life.
享受生活之損失。
survival action / wrongful death
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Statutes governing decedent's claims.
存活訴訟 / 過失致死。
Rule Sentence · the workhorse
Tort damages compensate for actual losses caused by the tortfeasor's wrong: economic damages (medical expenses, lost wages, property damage), non-economic damages (pain, suffering, emotional distress), and reasonably certain future damages, reduced to present value.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人plaintiff原告
Act 行為claiming losses主張損失
Object 對象personal injury or property damage人身或財產損害
Standard 法律標準compensation + foreseeability + certainty補償 + 可預見 + 確定
Consequence 後果monetary award金錢賠償
Casebook Snapshot · a real American case
Various state cases on tort damages
Holding. Tort damages include medical expenses (past and reasonably certain future), lost wages, loss of earning capacity, pain and suffering (past and future), emotional distress, and property damage. The collateral source rule generally preserves the plaintiff's right to recover full damages from the tortfeasor regardless of insurance payments.
Why it matters. Tort damages restore the injured plaintiff comprehensively — not just out-of-pocket costs, but full impact on life.
侵權賠償全面補償 — 包括非經濟損失與未來費用。
Common Mistakes · what trips students
✗ future damages 不可獲。
✓ Reasonably certain future damages are recoverable.
可獲合理確定之未來損害。
✗ collateral source 減少 P 之賠償。
✓ Collateral source rule preserves P's recovery.
旁源規則保留 P 之賠償。
Mini IRAC · build the Application
Issue. What damages may P recover from D's negligent driving — including past medical, future medical, pain and suffering, lost wages, and lost future earning capacity?
Rule. Tort damages include economic (medical, wages), non-economic (pain and suffering), and reasonably certain future losses, reduced to present value.
Application (model). P's losses include $50,000 past medical, projected $200,000 future medical, $60,000 lost wages, projected $1.5M lost earning capacity, and significant pain and suffering. Because tort damages cover both economic and non-economic losses including reasonably certain future damages reduced to present value, the fact that P's medical, wage, and earning-capacity losses are documented and the pain and suffering is established by P's testimony and medical evidence means all categories are recoverable.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, P may recover full compensatory damages including economic, non-economic, and reduced future losses.
MBE Check · multiple choice
P's medical bills of $50,000 were paid by P's health insurer. D, the tortfeasor, argues damages should be reduced by the insurance payment. Result?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: