2.6 Compensatory Damages Flashcards
What are compensatory damages made up of?
General and special damages
What are special damages?
Pecuniary losses
Special damages are identifiable financial losses that are capable of being precisely calculated.
Special damages might consist of loss of earnings, repair costs for damage to property and / or medical expenses.
What are general damages?
Non-pecuniary losses
General damages are those that are not identifiable financial losses and cannot be calculated precisely in financial terms. It is left to the court to quantify the amounts.
General damages are usually awarded for non-pecuniary losses, such as compensation for pain, suffering and loss of amenity.
How do the courts calculate damages for loss of earnings in relation to long-term or permanent injuries?
The courts will refer to actuarial tables to estimate a claimant’s lost earning capacity over their remaining projected lifetime.
How do the courts calculate damages for pain, suffering and loss of amenity?
The court will refer to the Judicial College which provides indicative damages award for different types of injury.
The more serious the injury, the larger the damages award is likely to be.
What happens if the situation is death rather than personal injury?
A claim can still be brought on behalf of the deceased’s estate.
However, such a claim can only be made if the deceased would have been able to bring a claim themselves - a proven tort must have been committed without an available defence (e.g negligence)
Bringing the claim would still be subject to limitation periods.
What claim can be brought under the Fatal Accidents Act 1976?
A deceased’s relatives or dependants may be able to bring a claim in their own right for bereavement damages and/or any financial loss that they might suffer as a result of the victim’s death.
Again, the dependant(s) will still need to demonstrate that the defendant has committed a tort.
Explain how mitigation is relevant to compensatory damages
A claimant should take steps to reduce the amount they are claiming to a minimum.
For example, if part of a claim was for loss of earnings, then if able, the claimant would be expected to look for suitable employment.
When are nominal damages awarded?
Nominal damages will be awarded if a legal wrong has been committed but the harm suffered by the claimant is minimal.
What are contemptuous damages?
Contemptuous damages have nothing to do with being in contempt of court… but will be awarded where the court feels that the particular action should not have been brought.
The claimant will have established that a legal wrong has been committed but, in this situation, recovers less than might be usual. They may also have costs awarded against them.
What are aggravated damages?
An award of aggravated damages would be at a higher level than would be expected for compensatory damages.
Aggravated damages are paid to recognise the fact that a claimant may have suffered to a greater degree than would be usual owing to the defendant’s actions - the defendant’s behaviour has made the situation worse.
What are exemplary damages?
This will be a sum of money that is higher than would usually be paid in the circumstances. In certain cases, the courts want to make an example of a particular defendant and punish them for their conduct.
