Tort Law Tuesday 12th
December
DAMAGES FOR DEATH AND PERSONAL
INJURY
Introduction
Damages is the most common form of remedy provided by tort.
Compensatory damages aim to put the claimant in the position they would have been
in had the accident not occurred.
Awarded on a one shot, lump sum basis. As a result, the action could take many years
to come to court because it must be reasonably certain what the extent of the
claimant's injuries are and what might be the future prognosis – can only attempt to
claim once, gather all evidence and test.
Division of Damages
Special Damages
Special damages are those which can be precisely quantified, for instance lost salary up to
the date of the trial, loss of clothing and jewellery worn at the time of the accident –
working out exact damages – up until the date of trial, nothing beyond.
General Damages
General damages are those which can not be precisely quantified, they can only be
estimated, for instance income lost in the future, pain and suffering.
Damages can also be categorised as pecuniary and non-pecuniary damages.
1. Pecuniary = financial or monetary.
2. Non pecuniary = non financial.
, Pre Trial Losses
Loss of Earnings
The earnings from the date of the accident to the date of the trial are paid.
British Transport Commission v Gourley [1956] AC case confirms C can only
recovery their lost net earnings. Tax, NI and employment expenses are deducted.
Gross – Nothing is taken off. Net – taxes, national insurance is taken off.
Also need to confirm what payments are being made while C was off sick as that
needs to be deducted too.
All that you get back is the net wage – taxes, national insurance, sick pay
is taken off.
Cost of Care – including private health care
• Medical and nursing costs can be compensated as pre-trial losses.
• S2(4) Law Reform (Personal Injuries) Act 1948 states that the fact that the
claimant has received private treatment notwithstanding the availability of NHS
treatment should be disregarded.
• Even if you go private you are still entitled – has to be reasonably incurred.
Other Pecuniary Losses
Covers the expense of
• Employing someone to housekeep.
• Loss of physical objects such as clothes, spectacles.
• These days the client is likely to be carrying a mobile phone, wearing a watch etc.
December
DAMAGES FOR DEATH AND PERSONAL
INJURY
Introduction
Damages is the most common form of remedy provided by tort.
Compensatory damages aim to put the claimant in the position they would have been
in had the accident not occurred.
Awarded on a one shot, lump sum basis. As a result, the action could take many years
to come to court because it must be reasonably certain what the extent of the
claimant's injuries are and what might be the future prognosis – can only attempt to
claim once, gather all evidence and test.
Division of Damages
Special Damages
Special damages are those which can be precisely quantified, for instance lost salary up to
the date of the trial, loss of clothing and jewellery worn at the time of the accident –
working out exact damages – up until the date of trial, nothing beyond.
General Damages
General damages are those which can not be precisely quantified, they can only be
estimated, for instance income lost in the future, pain and suffering.
Damages can also be categorised as pecuniary and non-pecuniary damages.
1. Pecuniary = financial or monetary.
2. Non pecuniary = non financial.
, Pre Trial Losses
Loss of Earnings
The earnings from the date of the accident to the date of the trial are paid.
British Transport Commission v Gourley [1956] AC case confirms C can only
recovery their lost net earnings. Tax, NI and employment expenses are deducted.
Gross – Nothing is taken off. Net – taxes, national insurance is taken off.
Also need to confirm what payments are being made while C was off sick as that
needs to be deducted too.
All that you get back is the net wage – taxes, national insurance, sick pay
is taken off.
Cost of Care – including private health care
• Medical and nursing costs can be compensated as pre-trial losses.
• S2(4) Law Reform (Personal Injuries) Act 1948 states that the fact that the
claimant has received private treatment notwithstanding the availability of NHS
treatment should be disregarded.
• Even if you go private you are still entitled – has to be reasonably incurred.
Other Pecuniary Losses
Covers the expense of
• Employing someone to housekeep.
• Loss of physical objects such as clothes, spectacles.
• These days the client is likely to be carrying a mobile phone, wearing a watch etc.
