13. What does recover for loss of consortium include?

a. Why is it considered a derivative claim?

b. How can double recovery for spouse arise, and how is it prevented?

c. Can parents recover for loss of consortium in reference to a child?

d. Can children recover for loss of companionship of a parent?

14. What sources can an attorney consult when evaluating the value of a case?

15. What is the difference between a wrongful death and a survival action?

a. what can be recovered in a survival action? In a wrongful-death action?

b. What defenses can be raised in each?

c. can the remarriage of a spouse be brought up during a case or during voir dire in a wrongful death action?

d. How are the survival actions and wrongful death actions unique in tort law?

16. Why might it be to the defendants advantage to discount an award of future damages?

17. What information is needed to calculate the present value of a future award?

18. What is the avoidable-consequences (or "duty to mitigate") rule?

19. Why are courts reluctant to award damages when a plaintiff has suffered emotional injuries but not physical injuries?

a. Why are damages from mental suffering considered parasitic?

b. In what situations are courts more likely to bypass the physical harm requirement?

c. What is the "impact" rule?

d. Why have some courts abandoned the physical-harm requirement?

e. How do the courts deal withplaintiffs who witness injury to others?