6 - TORT - Remedies Flashcards
1
Q
What are the two types of damages
A
- General
- Special
2
Q
What are General damages?
A
- future financial losses which cannot be specifically proven
- non-quantifiable losses such as compensation for physical injury
3
Q
What are special damages?
A
- specifically provable and quantifiable financial losses at the time of trial
4
Q
What does a PSLA award cover?
A
- Pain and suffering
- Loss of amenity (effect on lifestyle)
Awarded as a single lump sum
5
Q
What sums are deducted from awards?
A
- sick pay
- redundancy payment (if resulting from injury)
- state benefits
6
Q
What damages are given for death?
A
- Loss up to date of death
(No claim for losses after d.o.d) - Bereavement damages 😭
- Funeral expenses ⚰️
7
Q
Who can claim statutory bereavement awards?
A
- Spouse 👩❤️💋👨
- Parents for minors👨👩👧
8
Q
Who can claim for death under Fatal Accidents?
A
- spouse 👩❤️💋👨
- former spouse ❌👩❤️💋👨
- living with deceased for 2 years 👩❤️💋👨🤭
- parent (include treated as parent) 🧓👴
- Linear ancestors🧓👴
- Linear descendant (including treated as child) 👲
- Brother, sister uncle or Aunt 🌎
Not
- cousin
- partner not living with deceased
- partner not living with the deceased for two years.
9
Q
What counts as support for Fatal Accidents?
A
- Cash
- Services
