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Negligence - Damages (Remedies (if C successfully proves their claim, C…
Negligence - Damages
Remedies
if C successfully proves their claim, C will be entitled to a remedy
remedy: the way in which a court will enforce or satisfy a claim when injury or damages has been suffered and proved
in tort law, the remedy will usually be compensation, known as damages
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Types of Damages
special
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specific, calculable monetary losses
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include:
pre-trial expenses (medical costs, property damage etc.)
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general
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include:
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C's future losses
include:
loss of future earnings (net amount, usually capped at 18 years)
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Payment of Damages
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structured settlements
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periodical payments: an annual/monthly sum paid to C for the rest of C's life, or for as long as is necessary to compensate C
can be reassessed/reviewed at intervals to see if C's condition has worsened or if C has made a full recovery
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Aim of Damages
to put the claimant in the position they would have been had the negligent event not happened, as far as money can do so