The award of Damages

A document covering the award of damages

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The aim of tort is `restitutio in integrum'
o Place the injured party in the position he would have been in if the tort had not occurred.
o Most damages are compensatory.
Proportionate to the pain and suffering a person has gone though.
General Damages ­ Pain, suffering and loss of amenity
Future medical care and personal assistance
o Can include a claim by a relative who gives up there job to care for the claimant.
Pain and Suffering
`Actual injury, physical and mental suffering'
Physical pain
Psychological injuries
Cosmetic injuries
Distress ­ not ordinary distress, only for example due to knowledge that life expectancy is reduced.
Loss of Amenity
`Reduction in quality of life'
Effect on hobbies.
Effect on family life, ability to play with children, sex life.
Cannot claim if unconscious
Does depend on the individual, can use to try and negotiate a higher settlement.
Loss of earnings
Multiplicand ­ annual net income before the tort
Multiplier ­ Based on the age and numbers of years left at work
o Will never be more than 18years
Times the Multiplier by the multiplicand.
Special Damages
Private medical treatment
Loss of claimant's net earnings (between tort and trial)
o Future earnings dealt with separately
Transport costs (to and from hospital)
Financial losses incurred by a friend or relative acting as a carer.
Special equipment
Damaged/destroyed items
o Cost of repairs or to replace, whichever is cheaper
o Also recover associated losses, e.g. taxi losing a week's losses whilst in damage.
Pure Economic loss
Insurance excess.
Mitigate Losses
All claimants have a duty to minimise their losses.
Things like cancel gym membership, use bus rather than taxi


Alex Smith

A very good resource (especially if you like pretty colours) thanks for specifiying the award for loss of future earnings, it was exactly what I was looking for.

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