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Source Contributory Negligence Contributory Negligence Matched to this deck.

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0 tracked cards Torts

A plaintiff injured in a negligence accident presents expert testimony that she will need a second knee surgery within three years, that the need is medically probable, and that the surgery will likely cost between $38,000 and $44,000. The defendant argues that the plaintiff cannot recover future medical expenses because the surgery has not yet been scheduled.
How should the court rule on future surgery costs?

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The plaintiff may recover any amount she requests because future damages are never provable. The plaintiff may recover future surgery costs if she proves with reasonable certainty that the surgery will be needed and proves the likely cost with reasonable certainty. The plaintiff may recover future costs only if the defendant agrees to the treatment plan. The plaintiff may not recover future medical expenses in negligence.

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