Negligence - DamageS

Question 1

What are pre-trial loss of earnings?

Answer 1

If the claimant has received sick pay which fully covers lost earnings they cannot claim.

Question 2

What are the non-pecuniary losses?

Answer 2

1) Actual injury
2) pain and suffering
3) Loss of amenity

Question 3

What are the pecuniary losses of general damages?

Answer 3

1) Future costs of medical care
2) Future loss of earnings

Question 4

What does Mitigate of Loss mean?

Answer 4

Minimising the loss by taking reasonable steps to do so.

Question 5

What does Contributory Negligence mean?

Answer 5

Both defendant and claimant are each partly to blame for the injury suffered by the claimant

Question 6

What is Lump sum?

Answer 6

Means that the damages are given straight to the claimant but if the damages are for a large amount the money would be monthly payment to the claimant.

Question 7

What is structured settlement?

Answer 7

The claimant would be payed a regular monthly allowance.
Therefore it helps if the claimant’s condition gets worse and fairer to the defendants.

Question 8

When and what are the costs claimable for special damages?

Answer 8

From date of incident to date of trial.
1) Transport
2) Loss of earnings (to date of trial)
3) Cost of medical care
4) Cost of repairs

Question 9

What are the costs claimable for general damage?

Answer 9

1) Pain and suffering
2) Actual injury
3) Loss of amenity
4) Future loss of earnings
5) Future costs of medication

Question 10

Pros and cons of Lump Sum

Answer 10

+ Paid at once in full
+ Good for small amounts
+ Final settlement
- No chance of asking for more money if injury does not settle

Question 11

Pros and cons of Structured settlement

Answer 11

+ Monthly payment
+ Better for large amounts
+ Allows opportunity if asking for more money if injury does settle
- It’s not in full + full settlement