Causes of Action and Remedies in PI Claims

Question 1

On what basis are the damages in PI awarded?

Answer 1

Tortious - to put the claimant into the position they would have been had the tort not been committed

Question 2

When the defendant is insured-

Answer 2

The insurer has the right to conduct the litigation on their behalf

Question 3

Special damages

Answer 3

Items of pecuniary loss suffered from the date of the accident until the date of trial to reimburse the claimant for what they have lost

Question 4

Where is a claim for special damages pleaded?

Answer 4

Specifically in a schedule of past and future loss and expense

Question 5

When is the schedule of past and future loss and expense served?

Answer 5

With the PofC

Question 6

What is in the special damages?

Answer 6

Loss of earnings to trial; other losses and expenses (partner driving to hospital, damaged items, car) and medical treatment

Question 7

What can be claimed in terms of loss of earnings to trial?

Answer 7

Only what the claimant actually has lost

Question 8

Can the claimant claim back costs of private medical treatment from the defendant if they are insured under private medical insurance?

Answer 8

Only if they intend to reimburse the insurer

Question 9

Where is information in respect of general damages contained?

Answer 9

Expert evidence

Question 10

When is copy of medical report served?

Answer 10

With the PofC

Question 11

Damages for pain, suffering and loss of amenity compensate the claimant for what?

Answer 11

Any loss of ability to lead a full life

Question 12

What is in the general damages?

Answer 12

Pain, suffering and loss of amenity; loss of future earnings; loss of earning capacity; loss of congenial employment and future expenses

Question 13

What time period does the loss of future earnings cover?

Answer 13

Loss of earnings likely to be suffered by the claimant from the date of trial to when they would have retired

Question 14

The multiplicand

Answer 14

Claimant’s net annual earnings they would have received had the accident not occurred

Question 15

The multiplier

Answer 15

A discounted period of time to take into account accelerated receipt, that is the fact that the claimant receives all the money in a lump sum which can be invested

Question 16

Loss of earning capacity

Answer 16

Damages reflecting the fact that although a person may have suffered no actual loss of earnings, their injuries may have put them at a disadvantage on the labour market

Question 17

Loss of congenial employment

Answer 17

Damages reflecting loss of enjoyment of job (nurses, police, firemen, in one case a footballer)

Question 18

Future expenses

Answer 18

They compensate for expenses likely to be incurred after trial, they’re of the type which can be claimed up to the date of trial as special damages

Question 19

What statutes can a claim for a fatal accident be brought?

Answer 19

Law Reform (Misc Provisions) Act 1934 by estate and Fatal Accidents Act 1976 by dependants

Question 20

Elements to a claim under the Fatal Accidents Act 1976

Answer 20

Bereavement damages in the fixed sum of £12,980 and loss of dependency consisting off actual loss to the date of trial and the estimated future loss