Damages

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  • Created by: Eldred
  • Created on: 03-02-14 19:17
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Damages
Damages are designed to put the claimant in the financial position as if the injury had not
occurred. The claimant if just seeking compensation and must seek to mitigate their loss. This
means they should try to reduce their claim not increase it.
When calculating damages the Judge must look at the two categories of Damages: General
damages are the type of losses generally expected in an accident and are difficult to calculate.
They include compensation for:
i. the injury itself (based on decisions from previous cases Kemp and Kemp)
ii. pain and suffering (in original accident and further treatment)
iii. loss of amenity (the ability to enjoy doing things i.e. hobbies)
iv. future medical treatment and equipment or help at home
v. future loss of earnings
Special damages are specific to the individual and can be calculated exactly. They include
compensation for:
i. items destroyed in the accident
ii. loss of earnings up to date of trial or settlement
iii. sums spent on medical treatment and equipment up to date of trial or settlement
iv. sums spent help at home up to date of trial or settlement
When the Judge has calculated both categories he adds them together to get the total
damages. These can then be awarded to the claimant as a lump sum or as a structured
settlement if suitable.

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