Damages

• The aim of damages is compensatory and to try and put the claimant back into the position that they were in before the negligent act had happened. Mitigation of loss means that the claimant must keep their losses to a reasonable level.
• The courts can award damages in 2 ways: special and general damages. Special damages involve pecuniary losses which are losses that can be easily calculated and be given an exact monetary figure. General damages involve non-pecuniary losses which can't be easily calculated e.g. pain, suffering and loss of amenity, future medical care and loss of future earnings.
• The damages can be awarded in a lump sum or as structured settlements.