Damage$

Question 1

What are damage$ in negligence cases?

Answer 1

Compensatory

Question 2

What is the purpose of damage$ ?

Answer 2

to put the claimant in the position he would have been in had the negligent even not occurred, this can be through repaying actual losses and to compensate for future losses.

Question 3

What can people claim for in damage$ ?

Answer 3

Personal injury
Loss of future earnings
Damage to property
Loss of amenity
Future medical care/ personal assistance

Question 4

What are special damage$

Answer 4

Compensation for the financial costs occurred up to the date of trial

Question 5

How would you calculate damage to goods, for example a car.

Answer 5

Market value of care, the receipts of the car,

Question 6

How would medical expenses be calculated?

Answer 6

Prescription, hospital charge

Question 7

How would loss of earnings up to the date of trial be calculated?

Answer 7

Salary - what you’re still getting, what you can get if you’re not getting your normal amount.

Question 8

What are general damage$

Answer 8

They cover any losses that does not have a quantifiable sum attached to it

Question 9

what could be a typical award for pain suffering/loss of amenity

Answer 9

Total loss of sight in one eye (£27k - 30k)

Moderate knee injury (8k - 14.75k)

Question 10

What do the court take into account when calculating the loss of amenity?

Answer 10

Time spent in hospital/ number of treatments
Loss of quality of life
Inability to have children/ marriage prospects
Psychological and emotional damage
Cosmetic injury
Loss of expectation of life

Question 11

What is the case of damage$ where family members lost money to become a carer?

Answer 11

Giambrone v JMC Holidays - Parents of children that suffered food poisoning in Majorca successfully claimed damage$ for the extra care they carried out.

Question 12

What formula would the judge use to predict the loss of future earnings

Answer 12

Claimants net annual income X number of earning years left = damages for future loss of earnings. Case for this is Doyle v Wallace (sixth form student who wanted to become a drama teacher hit by car)

Question 13

What is mitigation of losses?

Answer 13

Duty to minimise the harm

Question 14

What is quantum of damage$

Answer 14

How much the damage is

Question 15

what are Pecuniary losses?

Answer 15

The claimants financial losses, such as loss of earnings

Question 16

What are Non-Pecuniary losses?

Answer 16

The claimants non-financial losses, such as pain and suffering

Question 17

Why was it changed from the traditional lump sum to structures settlement

Answer 17

The claimant is going to need a regular income

Question 18

What could a lump sum be useful for though?

Answer 18

Loss or damage to goods

Question 19

How are structured settlement payments dealt with

Answer 19

Damages Act 1996

Question 20

Who normally pays for a structured settlement?

Answer 20

Defendants insurer

Question 21

Are damages tax free? yes or no?

Answer 21

Yes

Question 22

What is the advantage of structured settlements compared to a lump sum

Answer 22

Greater certainty and security.