§ 51-12-11. Mitigation of Damages Required; Exception
When a person is injured by the negligence of another, he must mitigate his damages as far as is practicable by the use of ordinary care and diligence. However, this duty to mitigate does not apply in cases of positive and continuous torts. History. Civil Code 1895, § 3802; Civil Code 1910, § 4398; Code […]
§ 51-12-12. Court Interference With Jury Verdict as to Damages
The question of damages is ordinarily one for the jury; and the court should not interfere with the jury’s verdict unless the damages awarded by the jury are clearly so inadequate or so excessive as to be inconsistent with the preponderance of the evidence in the case. If the jury’s award of damages is clearly […]
§ 51-12-13. Reduction of Expenses, Wages, and Other Damages to Present Value
In determining the present value of future medical expenses, living expenses, lost wages, or other economic damages, the trier of fact may reduce the same to the present value based on a discount rate of 5 percent or any other discount rate as the trier of fact may deem appropriate. This Code section shall not […]
§ 51-12-14. Unliquidated Damages Interest Act; Procedure for Demand of Unliquidated Damages in Tort Actions; When Interest May Be Recovered
Where a claimant has given written notice by registered or certified mail or statutory overnight delivery to a person against whom claim is made of a demand for an amount of unliquidated damages in a tort action and the person against whom such claim is made fails to pay such amount within 30 days from […]
§ 51-12-6. Damages for Injury to Peace, Happiness, or Feelings
In a tort action in which the entire injury is to the peace, happiness, or feelings of the plaintiff, no measure of damages can be prescribed except the enlightened consciences of impartial jurors. In such an action, punitive damages under Code Section 51-12-5 or Code Section 51-12-5.1 shall not be awarded. History. Orig. Code 1863, […]
§ 51-12-7. Recovery of Necessary Expenses
In all cases, necessary expenses consequent upon an injury are a legitimate item in the estimate of damages. History. Orig. Code 1863, § 3000; Code 1868, § 3013; Code 1873, § 3068; Code 1882, § 3068; Civil Code 1895, § 3908; Civil Code 1910, § 4505; Code 1933, § 105-2004. Law reviews. For article advocating […]
§ 51-12-8. When Damage Too Remote for Recovery Generally
If the damage incurred by the plaintiff is only the imaginary or possible result of a tortious act or if other and contingent circumstances preponderate in causing the injury, such damage is too remote to be the basis of recovery against the wrongdoer. History. Orig. Code 1863, § 3004; Code 1868, § 3017; Code 1873, […]
§ 51-12-9. How Remoteness Ascertained
Damages which are the legal and natural result of the act done, though contingent to some extent, are not too remote to be recovered. However, damages traceable to the act, but which are not its legal and natural consequence, are too remote and contingent to be recovered. History. Orig. Code 1863, § 3005; Code 1868, […]
§ 51-12-10. Exception to Rule Against Recovery of Remote Damages
When a tort is committed, a contract is broken, or a duty is omitted with knowledge and for the purpose of depriving the plaintiff of certain contemplated benefits, the remote damages occasioned thereby become a proper subject for the consideration of the jury. History. Orig. Code 1863, § 3006; Code 1868, § 3019; Code 1873, […]
§ 51-12-1. Types of Damages; Evidence Admissible in Actions Involving Special Damages
Damages may be either general or special, direct or consequential. In any civil action, whether in tort or in contract, for the recovery of damages arising from a tortious injury in which special damages are sought to be recovered or evidence of same is otherwise introduced by the plaintiff, evidence of all compensation, indemnity, insurance […]