Damages

• Aim of damages:

  The aim is to place the claimant in the same position as if the negligence had not happened (so giving them the money to cover damage). The aim is not for the C to profit or for the D to be punished by the damages.
• Mitigation of loss

  The claimant is entitled to be compensated for their loss but is under a duty to keep the loss to a reasonable level, this is called mitigation of loss. So they shouldn't do anything that would increase their losses unreasonably e.g. rent a luxurious hire car.
• General Damages Pt. 1

  • covers anything that can't be given an exact figure
  • pain, suffering and loss of amenity - judicial studies board has given guidelines on the size of the award for different injuries. The court will take into account many factors when making an overall calculation such as; loss of life expectancy and loss of quality of life. Loss of amenity is the effect of the injury on everyday activities and the Cs enjoyment of life so it covers things like not being able to do housework, sports, driving etc.
• General Damages Pt. 2

  • future medical care and personal assistance - this is when the C can no longer look after themselves fully e.g. one of Cs family becomes their carer. The courts can award damages for this care which will be used to pay them (Glambrone v JMC Holidays)
  • loss of future earnings - very difficult to predict and depends on evidence that can be provided. The courts will usually use a formula (claimants current salary x number of earning years left = damages award)
• Special Damages

  • can be given an exact figure and include financial losses up to the date of the trial. They are specific to the C such as loss of earnings up to the trial, medical expenses, damage to goods/property.
• Pecuniary loss

  • a loss that can be easily calculated in monetary terms
  • e.g. damage to a car (cost of repairing a car is easy to work out)
• Non-Pecuniary Loss

  • claims that are not money based
  • e.g. pain and suffering of the C, compensation for future changes in lifestyle e.g. not being able to play sports (known as loss of amenity)
• Lump Sums

  • when the courts make an award of general damages they can award a lump sum (one big payment of all the damages)
  • usually used for damage to property
• Structured Settlements

  • The Damages Act 1996 allows structured settlements to be made, usually by the Ds insurer where the damages are paid in instalments e.g. every month/year
  • This can be for life or for a specific period of time (e.g. 10 years)
  • usually used when the claim is very large or when the C is going to suffer life long personal injuries and therefore needs structured payments to live off.