Remedies

Question 1

what does the damages act 1996 do

Answer 1

allows for structured settlements which are periodical, monthly or yearly. usually arranged by D or his insurance who will purchase annuity through a financial company who will pay set amounts to C. Also allows parties to agree payments may be made for life or specific intervals which can be reassessed

Question 2

what can be awarded with pain and suffering

Answer 2

a lump sum, a once only award

Question 3

what are general damages

Answer 3

non pecuniary losses that look forward from trial/settlement date. they include loss of amnesty, pain n suffering, future loss of earnings etc. Evidence has to be obtained to support their claims. With future loss of earnings/medicl expenses then there will be an annual calculation x years of loss

Question 4

what is mitigation of loss

Answer 4

C has a duty to keep the loss to a reasonable level ie going through NHS instead of private healthcare to avoid unnecessary costs for D

Question 5

what is a non pecuniary loss

Answer 5

not wholly money based ie pain and suffering or loss of amenity

Question 6

what is a pecuniary loss

Answer 6

a loss that can easily be calculated in money terms ie cost of hiring a car if yours is damaged

Question 7

what are special damages

Answer 7

amounts that can be calculated up to the date of the trial or settlement (a type of pecuniary loss). Could include cost of repairing a vehicle and loss of earnings