Damages (Remedies)

• What do damages refer to in legal terms?

  Compensation for loss or injury
• How should damages be distinguished from damage?

  Damages refers to compensation, damage refers to causation
• What is the only remedy available for negligence claims?

  Compensatory damages
• What can a court award in a tort claim?

  Compensation for injuries or property damage
• What is the duty of the claimant regarding loss?

  To mitigate the loss to a reasonable level
• What is an example of mitigation of loss in treatment claims?

  Claiming NHS treatment instead of private treatment
• What can be claimed if property is damaged beyond repair?

  The cost of replacing that property
• How are pecuniary losses and non-pecuniary losses defined?

  Losses easily calculated in monetary terms and losses that are not wholly money based.
• What is an example of non-pecuniary loss and what is an example of a pecuniary loss?

  Pain and suffering from an accident and the cost of hiring a car whilst the other one is being repaired.
• What was the outcome of Appleton v Garrett?

  The claimant was awarded for pain and suffering
• What was the outcome of West v Shepard?

  The claimant was awarded for loss of amenity
• What are special damages awarded for?

  Losses that can be calculated exactly
• What types of losses do general damages cover?

  Pecuniary and non-pecuniary losses
• How is future loss of earnings calculated?

  Annual loss multiplied by number of years
• What must be provided to support claims for future losses?

  Medical evidence of the accident's effects
• What is a lump sum payment?

  A one-off payment awarded to the claimant
• What is a structured settlement?

  Payments made periodically over time
• What does the Damages Act 1996 allow for?

  Structured settlements with periodical payments
• How does a structured settlement benefit the claimant?

  It protects against worsening conditions
• How does a structured settlement benefit the defendant?

  Payments are made only as needed