4. Damages

Question 1

What is the purpose of remedies in tort law?

Answer 1

Remedies in tort seek to put the claimant back into the position they would have been had the tort not occurred. This is done by compensation (Damages)

Question 2

What are the 3 types of damages in tort law and give examples

Answer 2

1. Special Damages

This is for past pecuniary (£) loss such as loss of earnings, cost of medical care.

2. General Damages for Future Pecuniary (£) loss

Scuh as future loss of earnings, future cost of medical care, and future loss of pension.

3. General Damages for Non peuniary loss

Such as damages for pain and auffering, or for loss of amenity (enjoyment of life.

Question 3

How can a personal injury claim be brought if the person has died as a result?

Answer 3

Remedies for Personal Injury Claims involving death

Where someone has died as a result of the negligent act prior to trial:

1. The estate can continue an existing claim
2. The deceased dependents can bring a separate claim for the benefit of the deceased claimants dependents.

Question 4

Who are dependents for the purposes of bringing a claim after the death of the claimaint?

Answer 4

1. Spouse or Civil Partner (Including Former Spouses / Partners)
2. Descendants of the deceased , such as children and grandchildren
3. Any person treated as a child of the family in cases of marriage / civil partnerships (partners children’s)
4. Siblings
5. Aunties and Aunts
6. Parents, or anyone treated as their parents.
7. Anyone living with the deceased for at least 2 years before the death

Question 5

What are the 5 damages avaliable in personal injury claims involving death when continued by the estate?

Answer 5

1. Pain, suffering and loss of amenity (up to date of death)
2. Loss of earnings (up to date of death)
3. Care/Services (Up to date of death)
4. Damages to personal property
5. Funeral Expenses

Question 6

What are the 4 damages avaliable for personal injury involving claim when brough by the dependents of the desceased bringin a new claim?

Answer 6

1. Bereavement award
2. Dependency Claim for dependants suffering financial losses
3. Funeral Expenses
4. Loss of Consortium (Personal Affection of deceased)

Question 7

Who can claim a bearvement award?

Answer 7

1. Spouce or Civil Partner

2 Cohabitants of 2 or more years

3. Both parents where the deceased is a legitmate minor.
4. Mother where the deceased is not a legitmate minor.