Compensation in Negligence

Special Damages

This is normally money lost and can be returned with easy to calculate money exchange

1. Loss of earnings up to the date of the trial

2. Damage to property

3. Expenses incurred as a result of an accident

Non Pecuniary - Pain and suffering

Hard to calculate but also taken into account

Loss of earnings

If you can never work again it will be roughly calculated a sum based on wages and potential promotions and pension contributions you could have made to support you for the rest of your life.

Loss of earnings - lost years

Families where a member dies due to negligence can claim for the money they would have made had they survived until retirement age.

Loss of amenity

The courts roughly calculate how much the enjoyment of your life has been lost to this. E.g. if you had a hobby you enjoyed that you can no longer do they will give you some compensation

Mitigation of loss

The claimant is required to take reasonable action to keep their losses to a minimum and the defendant cannot be forced to pay for avoidable losses.