Damages

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What are damagees?
The amount of compensation payable to the claimant who has proved the defendant has been negligent.
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What are Pecuniary damages?
They cover financial losses such as the loss of earnings/ the cost of repairing a car.
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What are Non-Pecuniary damages?
Those that involve a loss which is not financial but the court gives financial compensation such as the loss of a limb.
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What is Quantum?
The amount of the award.
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What are the three things involved in calculating Quantum?
Special damages, General damages, Lump sums and structured settlements.
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What are special damages?
The compensation for the financial costs incurred up to the date of the trial, such as the repair for a damaged car.
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What are general damages?
These cover any loss that does not have a quantifiable sum attached to it.
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What is pain and suffering?
This is very difficult to calculate, it includes both mental and physical suffering, the injury itself and the loss of amenity(The loss of being able to do everyday things)
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What will the court consider with pain and suffering?
The treatment received and time spent in hospital, how long will the claimant be affected, is life expectancy reduced.
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What is future medical care and personal assistance?
This is if the claimant is left unable to look after themselves resulting in a member of the family becoming a carer which could result in them loosing income.
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What compensation could the claimant get for future medical care and personal assistance?
Compensation may be paid to cover the cost of care provided to the claimant by their friends/family even if the care was given free of charge.
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What is loss of future earnings?
This is very difficult to predict as the court rely on evidence and arguments put forward- E.g. an A Level student is in a car crash and this results in reduced mental abilities, his earnings are low, but he had a bright future.
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How do you calculate the Quantum for loss of future earnings?
Claimants net annual loss(MULTIPLICAND) x Number of years left at work (MULTIPLIER) = Damages for loss of earnings.
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What are lump sums?
Traditionally all damages were paid as a lump sum- the claimant received his payment and did with it what he wished. A lump sum can be invested and interest would give the claimant much more than he would have if he had not been injured.
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What are lump sums suitable for?
Loss of damage to goods.
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What are structured settlements?
This is paid by the defendants insurer, The sum takes the form of periodic payments to meet the claimants needs. The rest of the award is used to purchase annuity which is a long term investment.
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Why are structured settlements good?
It is a good way of avoiding the claimant being under compensated which may happen through a lump sum payment where the claimant then lives for a very short/long time.
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Card 2

Front

What are Pecuniary damages?

Back

They cover financial losses such as the loss of earnings/ the cost of repairing a car.

Card 3

Front

What are Non-Pecuniary damages?

Back

Preview of the front of card 3

Card 4

Front

What is Quantum?

Back

Preview of the front of card 4

Card 5

Front

What are the three things involved in calculating Quantum?

Back

Preview of the front of card 5
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