Remedies

• Remedies - Damages


  A financial award paid to a person as compensation for loss or injury; and as vindication of their rights. The underlying privilege of compensatory damages is restitutio in integrum.

  -> the aim is to award a sum in compensation the C which puts him/her in his/her pre-tort position
• Remedies - compensatory damages

  Divided into:

  non-pecuniary (general damages) losses

  Pecuniary (special damages) losses

  Damages awarded can be nominal, contemptuous, aggravated or exemplary
• Remedies - non-pecuniary losses

  Damages that flow from the negligence and can’t be given exact figures.

  Broken down into: pain, suffering and loss of amenity; and future medical care and personal assistance.

  To Calculate future loss of wages, the court will calculate C’s net annual loss and multiply that based on the no. of years the loss is likely to last
• Remedies - compensated for loss of amenity


  Means his or her ability to engage in pre-accident activities.

  C should be advised that in Heil v Rankin the COA said that awards for non-pecuniary loss were too low, and for the most severe injuries, the awards should be increased by about one third.
• Remedies - pecuniary losses

  The term for damages which can be calculated specifically.

  These damages have been suffered up to the trial date and can be easily calculated.

  E.g., the cost of repairing a car, hiring a replacement, or replacing damaged clothing.

  It can also include loss of earnings through absence from work that has already taken place
• Remedies - reasonable level

  A C is entitled to be compensated for their loss, but they are under a duty to keep the loss to a reasonable level.
• Remedies - lump sum/structured settlement

  Lump sum orders were the traditional method of payment which was where all money was paid at once. These are still appropriate for small pay outs and damage to property.

  Structured settlements is where the money is payed periodically