Damages

1. What are damages?

Damages are a form of monetary compensation.

2. What is the aim of damages?

The aim of damages is to compensate the claimant by returning them to the position they were in prior to the incident.

3. What distinction does the court make when calculating damages?

When calculating the amount of damages the court distinguishes special and general damages.

4. What are special damages?

Special, or pecuniary, damages relate to aspects of the claim that can be precisely calculated.

5. What can special damages include?

These include loss of earnings (up to the date of trial), pre-trial medical expenses and the cost of a replacement/repair (e.g. damage to property).

6. What are general damages?

General, or non-pecuniary, damages are awarded for aspects of the claim that cannot be precisely calculated.

7. What can general damages include?

These include pain and suffering (personal injury), future loss of earnings, future medical expenses and loss of amenity (hobby).

8. How are damages usually paid?

Usually damages are paid in a lump sum.

9. What change occurred after the Damages Act 1996?

In recent years (since the Damages Act 1996) the courts have been prepared to accept structured settlements agreed between the parties.

10. What duty does the claimant have regarding loss?

A claimant is under a duty to mitigate their loss (keep to a minimum).