Civil Courts - Damages

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What are damages and the aim of damages?
The money/compensation a claimant receives following a successful claim. The aim is to put claimant back in the position they would have been in if incident had not occurred.
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What are the 2 types of damages?
When deciding how much to award, the court will separate a claim into 2 different types of damages; General and special.
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What are general damages?
Non pecuniary - those that involve a loss with is not financial but court still gives financial compensation.
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What is special damages?
Pecuniary - those that cover financial losses. Compensating C for any losses incurred up to date of trial. all things under this should be given an exact figure (medical expenses, loss of earnings, damage to goods)
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What make up general damages?
These are damages that are difficult to put a figure on how much should be awarded; PSLA, future medical care and assistance, future loss of earnings.
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What is PSLA?
Heading that JC guidelines are used for. Sub heading doesn't just doesn't cover injury itself; cosmetic/psychological damage, loss of quality of life/life expectancy, temporary/permanent injury, time is hospital, ongoing pain.
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What is loss of amenity the hardest part to put a figure on?
As it involves compensating C for loss of enjoyment or no longer being able to carry out day to day activities.
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What is loss of future earnings?
Courts have developed a formula to work out what loss of future earnings a claimant would receive. It's an exceptionally complicated calculator called Ogden tables and takes into account many factors (average annual earnings X No of years)
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What are future medical and personal care?
Involves paying for any medical expenses or paying for a carer to carry out day to day activities C can no longer do - Giambrone and JMC Holidays - can be for parent carers.
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What is mitigating loss?
The claimant is required to take reasonable steps to reduce his or hers own loss. For example, going to work as soon as you can.
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How is the claim paid?
Normally all damages are paid in 1 lump sum to claimant. However, Damages Act 1996 allowed for the payments of damages in a 'structured settlement' Jefford v Gee - courts should itemise their awards.
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Civil Courts Damages
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Card 2

Front

What are the 2 types of damages?

Back

When deciding how much to award, the court will separate a claim into 2 different types of damages; General and special.

Card 3

Front

What are general damages?

Back

Preview of the front of card 3

Card 4

Front

What is special damages?

Back

Preview of the front of card 4

Card 5

Front

What make up general damages?

Back

Preview of the front of card 5
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