Remedies for Personal Injury and Death

Question 1

The objective of damages in tort is to put the injured party in the position they would have been had the _____ ___ ______

Answer 1

tort not occured

Question 2

Do tort victims have a duty to mitigate their loss?

Answer 2

Yes

Question 3

What are three types of pecuniary losses due to negligently inflicted injury that a living claimant can claim?

Answer 3

1. Loss of past income
2. Loss of future income
3. Past and future expenses of medical treatment, cost of care etc.

Question 4

By statute, where C incurs the expenses of private medical treatment, D cannot argue that they ought to have mitigated their loss by doing what?

Answer 4

By accepting treatment provided by the NHS
(note: the expenses must still be necessary and reasonable)

Question 5

What are two types of recoverable non-pecuniary losses that a living claimant can claim for?

Answer 5

1. Past and future pain and suffering
2. Loss of amenity

Question 6

What are special damages?

Answer 6

Damages which can be precisely calculated at the time of trial/settlement.

Question 7

Give 2 examples of special damages

Answer 7

1. Past loss of earnings
2. Past expenses

Question 8

What are general damages?

Answer 8

Damages that are incapable of a precise estimation and need to be assessed by the court

Question 9

Give 4 examples of general damages

Answer 9

1. Future loss of earnings
2. Future expenses
3. Any damages for pain and suffering
4. Any damages for loss of amenity

Question 10

For damages for a victim who dies, any existing tort _____ __ ____ will ______ for the benefit of their ______

Answer 10

cause of action, survive, estate

Question 11

Is there a claim for the death itself in existing causes of actions?

Answer 11

No

Question 12

For existing causes of action, does the death have to arise from the negligent act that is the subject of the suit?

Answer 12

No

Question 13

Can a cause of action which survives for the benefit of D’s estate cover future loss of earnings?

Answer 13

No - i.e. it’s only up until the point of death and not after

Question 14

Can causes of action against the deceased be brought against their estate?

Answer 14

Yes

Question 15

Who are bereavement damages recoverable by? (2 groups of people)

Answer 15

1. Deceased’s spouse/civil partner/cohabitant of 2 or more years
2. Deceased parent’s if they were under 18 and never married

Question 16

Who are loss of dependency damages recoverably by?

Answer 16

Dependants of the deceased who were financially dependent on them

Question 17

Can loss of dependency damages cover former spouses? Who else can they cover?

Answer 17

Yes - they cover former spouses

Anyone who was being maintained to some extent by the deceased immediately before his death

Question 18

If the defendant’s tort has caused the victim’s death, what type of expenses are recoverable?

Answer 18

Funeral expenses