Damages (compensation claims)

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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.
    • 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.


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