Damages

1. P must prove

2. no recovery for mental distress unless physical touch/impact - minority

3. recover for mental distress if no physical touch ala P in zone of danger-majority

4. P collect if no touch, no ZofD, ala family member and saw - modern view

5. statutory authority

5.1. wrongful death

5.1.1. for fly members, loss of support, serivces, companionship, etc.

5.2. survival statutes

5.2.1. B hit on monday, dies Saturday = dmgs for time he lay there.

6. past and future P and S

6.1. lost limb, etc.

7. diminished earning capacity

7.1. future potential too

8. medical expenses

8.1. "collateral source rule" - insurance payments NOT deductible from D's amt. owed.

9. loss of consortium

9.1. marriage (presently)

9.1.1. for children for loss of parents - mixed