Civil Pretrial Practice

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Presentation transcript:

Civil Pretrial Practice Case Evaluation and Client Retention

CACI - Series 3900 Damages Two Categories: (1) Compensatory & (2) Punitive

Introduction to Damages Compensatory Damages - Economic and Noneconomic “Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages.” CCP § 3281.

Compensatory Damages Items of Economic (Special) Damages

Compensatory Damages Calculating Future Economic Damages

Compensatory Damages Items of Noneconomic (General) Damages

Compensatory Damages General Rules/Guidelines

Compensatory Damages General Rules/Guidelines (Cont.)

Punitive Damages “In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” CCP § 3294(a).