Remedies - personal injury and death Flashcards
What is the difference between general damages and special damages?
Special damages include those capable of being calculated precisely at the time of the trial and which are stated in the form of a calculation e.g. loss of earnings.
General damages are losses which are not capable of being calculated precisely and are left to the court to determine e.g. pain, suffering, loss of amenity and all losses incurred after the trial.
What is the difference between pecuniary and non-pecuniary losses?
Pecuniary losses = capable of mathematical calculation in money terms e.g. loss of earnings and medical expenses
Non-pecuniary losses = not capable of mathematical calculation e.g. claimant’s personal injury.
What types of injuries are covered under pain and suffering?
Covers past, present and future pain, physical and mental anguish, the fear of future surgery. It also covers a claimant’s anguish knowing their life expectancy has shortened.
The claimant must be aware of the injuries they are able to claim for e.g. if a claimant was unconscious, they would not be aware of it and would fail the subjective test (though this may fall into loss of amenity).
What types of claims can be raised for a loss of amenity?
Aims to compensate the claimant for the loss of enjoyment of life.
Examples include freedom of movement, loss of sight, loss of smell, loss of marriage prospects, inability to pursue hobbies etc.
How are non-pecuniary damages calculated?
For general damages, solicitors will turn to the Judicial College Guidelines of General Damages in Personal Injury cases for a rough guide of the amount of damages a claimant may be able to recover.
