Tort - Remedies for Personal Injury and Death

Question 1

Duty to Mitigate Damages

Answer 1

Claimant under duty to take steps to mitgate their loss - e.g. following medical advice and recommended treatment

Question 2

Pecuniary Losses

Answer 2

Financial losses suffered by claimant as a result of the injury

1. Loss of past income
2. Loss of future income
3. Expenses

Question 3

Loss of past income

Answer 3

Runs from date of injury to date of trial/settlement

Net loss of wages

Any amount received in sick pay will be deducted

Question 4

Loss of future income

Answer 4

If claimant can’t return to work or a role with a similar rate of pay

Awarded as one lump sum

Can’t return to work: Court takes pre-accidental income and multiplies that by predicted number of years of lost income

Return to work in different role: Court takes the difference between the salaries and multiplies that by the predicted years of lost income

Question 5

Expenses

Answer 5

E.g. cost of treatment, care costs, adaptations to the home, additional travel costs

Future expenses: general damages

Question 6

Non-percuniary losses

Answer 6

E.g. pain and suffering, loss of amenity

General damages

Covers past and future losses

Court has regard to published guidelines based on awards in previous reported cases

Question 7

Damage to property

Answer 7

Destroyed: cost of replacement

Damaged: dimunition in value

Claimant may also recover consequential costs such as hire of a temporary replacement

Question 8

Damages on death

Answer 8

1. Claims that survive claimant’s death
2. Claims by dependants of deceased victims

Question 9

Damages for bereavement

Answer 9

List of specified claimants and they must be financially dependent on deceased

Death must be as a result of the defendant’s tort

Deceased must have been able to bring the claim had they not died

Any contributory negligence will reduce damages

Amount recoverable is fixed by statute and only the following can make a claim:

1. Spouse or civil partner
2. Cohabiting partner
3. Parents - if deceased was a minor under 18

Parents of a child over the age of 18 and children are not entitled to bereavement damages

Question 10

Survival of Deceased’s Cause of Action

Answer 10

Estate can recover damages for pecuniary and non-pecuniary losses from the injury up to their death

Cause of death is irrelevant

Contributory negligence will reduce damages

Question 11

Damages for loss of dependency

Answer 11

Eligible claimants:

1. Spouse or civil partner
2. Cohabiting partner
3. Parents - if deceased was a minor under 18
4. Children of deceased

Must have been financially dependent on the deceased