Principles of Remedies for Personal Injury and Death Claims

Question 1

Compensatory damages: general principles

Answer 1

The aim of damages in tort is to put the claimant in the same position they would have been in if the tort had not been committed.

Question 2

Damages for personal injury

Question 3

The one action rule

Question 4

General and special damages

Answer 4

• Special damages – those losses which are capable of being calculated precisely at the time of the trial and which are stated in the form of a calculation. This covers financial losses incurred before trial, such as loss of earnings.
• General damages – those losses which are not capable of being calculated precisely and are therefore left to the court to determine. They must still be stated but no definitive figure can be placed on them. This includes pain, suffering and loss of amenity and all losses incurred after the trial.

Question 5

Damages for personal injury

Answer 5

The distinction between the two is:
* Pecuniary losses are those which are capable of mathematical calculation in money terms. These losses may have been suffered pre- or post-trial, but can nevertheless be calculated in terms of money. An example of pecuniary losses would be the claimant’s loss of earnings and medical expenses.
* Non-pecuniary losses are not capable of being calculated in money terms. The main example of non-pecuniary losses is the claimant’s personal injury.

Question 6

Non-pecuniary losses

Answer 6

Pain of suffering: This head of damage covers the pain and suffering which the claimant has incurred as a result of the injury. This head of damage covers past, present and future pain, physical and mental anguish, the fear of future surgery, etc.

Loss of amenity:

Question 7

Quantification of non-pecuniary damages