Chapter 5 - General Principles on Personal Injury Claims

Question 1

GENERAL PRINCIPLES ON PERSONAL INJURY

Overview

Answer 1

1) general objectives for damages
2) numbers of claims
3) scope of special damages
4) scope of general damages
5) scope of aggravated damages

Question 2

GENERAL PRINCIPLES ON PERSONAL INJURY

General objectives for damages

Answer 2

Ong Ah Long v Dr. S. Underwood:

• To compensate, not punitive.
• Compensate injured party for reparation for the wrongful act;
• For all the natural & direct consequence of the wrongful act;
• So far as money can compensate.

Question 3

GENERAL PRINCIPLES ON PERSONAL INJURY

Number of claims

Answer 3

Fitter v Veal:

• P has only one cause action & will wholly extinguish when the judgment is given;
• Claims can only be brought once;
• H/ever, when there were two distinct & separate rights are violated, P may bring two separate suits against the same D.

Question 4

GENERAL PRINCIPLES ON PERSONAL INJURY

Scope of special damages

Answer 4

Ong Ah Long v Dr. S. Underwood:

• Actual P’s pecuniary loss between the date of accident until the date of the award / settlement.
• Need to be specifically pleaded & strictly proved.
• Exact loss must be pleaded because it has became clear before the trial.

Question 5

GENERAL PRINCIPLES ON PERSONAL INJURY

Scope of general damages

Answer 5

Sam Wun Hoong v Kader Ibramsah:

• General damages need not be specifically pleaded;
• Comprises damages for pain & suffering, loss of amenities & the like which the law implies.

Question 6

GENERAL PRINCIPLES ON PERSONAL INJURY

Scope of aggravated damages

Answer 6

Dr. Hari Krishnan v Megat Noor Ishak bin Megat Noor Ibrahim:

• Aggravated damages could and had been awarded as a separate head of damage in tort;
• Aggravated damages are frequently awarded in defamation cases for injury to a person’s reputation;
• hence there was no reason to exclude this kind of damages from medical negligence cases, which involve real injury to a person’s body.