Remedies for PI and Death Flashcards
How to calculate loss of past income
From the date of injury to the date of trail/settlement
Look at claimant’s NET loss of wages:
- Deduct tax and national insurance,
- Take into account any sick pay the claimant has received from employer
How to calculate loss of future income if the claimant is unable to return to work
Evidence will be assessed by the court, but basically:
pre-accident annual income x number of years of lost income.
How to calculate loss of future income if the claimant is limited in returning to work
Evidence will be assessed by the court, but basically:
Difference between annual salaries x number of years in limited employment.
Example: C is 40y/o used to make £100,000/yr before accident. They can return to work but will now only make £60,000/yr. Assuming they were going to work until they were 60/yo, basic calculation is: £40,000 x 20 = £800,000 (paid in a lump sum, subject to other evidence)
How to calculate loss of future income if the claimant now has a shortened life expectancy
Take the amount they would have made during the years ‘lost’, and subtract living expenses.
How to calculate expenses incurred by the claimant in recovering from an accident/tort
Expenses incurred between accident and trial/settlement are easy to calculate
Future expenses: reasonable costs of care and necessary medical treatment.
NOTE: Claimant can seek private healthcare. They do not need to go through the NHS.
What are non pecuniary losses?
Loss of amenity
Pain and suffering
Both past and future damages are available, up to the court on how to award.
Unconsciousness limitation
Damages for pain and suffering are not available if an injured claimant is unconscious for a period of time such that they do not experience any pain and suffering.
NOTE: Can still get loss of amenity
What damages are recoverable when a claimant’s property is also damaged/destroyed?
Property destroyed: damage is the cost of replacement
Property damaged: damage is the diminution in value (usually similar to the cost of repair)
In both cases: consequential losses are available, such as the cost of hiring a replacement.
What is the difference between special damages and general damages
Special damages can be precisely calculated at the time of trial/settlement.
- Past loss of earnings
- Past expenses
General damages are those which need to be assessed by the court. Includes non-pecuniary damages.
What are the two situations for damages when someone dies.
(1) If the claimant dies, their cause of action carries on for the benefit of their estate.
(2) If a victim of an accident dies, cause of action arises for the benefit of their descendants + bereavement
What can a decedent’s estate recover if there was an existing cause of action?
Pecuniary and non-pecuniary losses up to death.
No damages recoverable for the period after death, and no claim for the death itself (i.e., if the claimant died instantly with no pain or suffering, then no actionable damage.)
Who is eligible to make a claim for bereavement damages?
Spouse or civil partner
Cohabiting partner (living w/ decedent as spouse for 2 years prior to death)
Parents if the decedent was a minor
What are bereavement damages?
If a claimant dies as a result of the defendant’s tort, a new claim arises other than one for the benefit of the decedent’s estate: a claim for bereavement damages.
Requirements for a claim for loss of dependency
(1) Must be an “eligible dependent”
- Spouse, civil partner, parents of a minor, children of decedent
(2) Must have been financially dependent on the decedent
Are funeral expenses recoverable?
Yes
