Principles of Remedies for Personal Injury and Death Claims Flashcards
What is the focus of Chapter 8 in tort law?
Chapter 8 focuses on the principles of remedies for personal injury and death claims, particularly the remedy of damages.
What is the general principle behind the measure of damages?
The general principle is to return the claimant to their pre-tort position through financial compensation, ensuring the claimant is neither better nor worse off.
What is the claimant’s duty in relation to mitigating their losses?
The claimant has a duty to mitigate their losses, which means they must take reasonable steps to keep their losses to a minimum.
What is the general rule regarding the number of actions in personal injury claims?
Generally, there will be only one action for the claimant’s tort. Once a trial concludes or a settlement is reached, the claimant is compensated for both past and future losses, with no further claims allowed.
What are the two categories of damages in personal injury claims?
The two categories of damages are:
1. Special damages: Precise, calculable losses such as medical expenses and lost wages.
2. General damages: Non-precise losses, such as pain and suffering and loss of amenity.
What is the difference between pecuniary and non-pecuniary losses?
- Pecuniary losses are financial losses, such as lost wages or medical expenses.
- Non-pecuniary losses are non-financial, such as the injury itself, pain, and suffering.
What factors are considered when calculating damages for personal injury?
- Pain and suffering: The physical pain the claimant suffers and may continue to suffer.
- Loss of amenity: The impact on the claimant’s lifestyle, such as reduced activity levels due to the injury.
How are damages for non-pecuniary losses quantified?
Non-pecuniary damages are quantified using guidelines like the Judicial College Guidelines and practitioner works like Kempe on Damages, though they are not set tariffs.
What does the multiplier method address in personal injury claims?
The multiplier method is used to calculate future losses, especially loss of income, by multiplying the claimant’s net annual loss by the number of years they are expected to suffer the loss.
How is the discount rate applied in the multiplier method?
The discount rate is used to adjust the multiplier to ensure the claimant is not over or under-compensated. Currently, the rate is around -0.25%, reflecting low-interest rates on low-risk investments.
What are the two types of claims in death cases under tort law?
- Claim by the estate: Covers the deceased’s losses until their death.
- Claim by dependents: Covers the loss of financial support for those dependent on the deceased.
What can the estate claim in a personal injury death case?
The estate can claim for the deceased’s pain and suffering, loss of amenity, lost income until death, ongoing expenses, and funeral costs if paid by the estate.
Who can claim for loss of dependency in a death case?
Dependents of the deceased, including spouses, civil partners, parents, children, and siblings, can claim for loss of dependency if they were financially dependent on the deceased.
How is the loss of dependency calculated?
Loss of dependency is calculated by subtracting the deceased’s living expenses from their net income and multiplying the result by the number of years the dependent would have relied on the deceased’s financial support. Adjustments are made using Oakden tables.
What is the fixed amount for bereavement claims?
The fixed amount for a bereavement claim is £15,120. Only certain individuals can claim for bereavement, such as spouses, civil partners, and parents of unmarried minors.
