Damages (compensation claims)
- Created by: Shannon Cunningham
- Created on: 14-04-14 14:54
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- Damages
- Definition
- Following a claim for negligence, C will make an application for damages.
- This is financial compensation which attempts to put the C back to the position they were in before the injury or damage occurred.
- Special damages
- These are compensation for the losses incurred up to the point of the trial.
- They include: Medical expenses, loss of earning, cost of damage to property.
- Known as pecuniary damages as they can be given an exact financial value.
- These are compensation for the losses incurred up to the point of the trial.
- General damages
- These compensate for the kinds of damage that do not have an exact value. The judge must decide the value of these damages.
- Cover anything that cannot be given an exact value.
- Known as non-pecuniary damages and must be determined by the judge.
- These include: injury, pain + suffering, loss of amenity and loss of future earnings.
- Lump Sum/ Structured settlement.
- Lump sum: The C will receive all of their compensation as a single payment.
- Structured Settlement: Damages are awarded as a regular payment by the D to the C. The payments are granted to last for either a fixed period of time or for the rest of C's life.
- Definition
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