First Principles of Business Law

3. Compensatory damages for personal injury

3.1.3. The award of damages for future harm

It can be difficult to build all possible contingencies into an award of damages. For example, what is appropriate compensation for future pain and suffering? How does one calculate the amount of lost future earning capacity, the cost of future care, or the life expectancy of a particular plaintiff? Judges often disagree about exactly where to draw the line in particular cases.

Bearing in mind the principles on the previous page, which of the following statements correctly reflects how judges approach the task of assessing damages for personal injury?

1. At common law, plaintiffs can expect only one single payment to compensate them for their injuries.

2. At common law, plaintiffs may be awarded additional damages if, after the trial, their condition deteriorates more than was expected.

3. If a plaintiff unexpectedly recovers after the trial, the damages awarded may be reduced.