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Damages
Types of Damages
In essence there are three types of damages that be paid out or obtained via an injury, those being;
| General Damages |
For the pain and suffering you experience as a result of the accident whether short-term or long-term. Anticipated future costs eg. Nursing care; needing special equipment. Anticipated future loss of earnings e.g. Inability to do the job you had or having to take a less well paid job; In other words has the injury resulted in the person being handicapped in the labour market. |
| Special Damages |
These are your losses calculated in monetary terms incurred by you between your accident and your trial date and include such things as loss of wages in that time; damaged clothing and repairs to your car; cancellation fees for lost holiday. |
| Provisional Damages |
If there is a "measurable" chance that you will develop a serious disease or that you will seriously deteriorate in the future then the Court, instead of making a once and for all payment, can look twice at the issue of damages. It only gives two chances to the Court and only in limited cases. It is often difficult for people to understand how damages work and for ease of reference we have created the following example for illustration purposes only. |
Example:
Adam is married with children, and he is a full time Traffic
Warden. He goes on a night out and an incident takes places
at a nightclub, where he is then manhandled and beaten. He
is then ejected and in the process he falls down and
injurers his knee. He then has to go to hospital and ends up
having surgery, which impairs his ability; he also has
general cuts and bruises.
His claim for Damages could be broken down as follows
General Damages: Pain suffered and injuries orthopedic and psychiatric injuries – For this he would receive financial compensation.
Loss
of Marriage or long-term relationship prospects – For this he would receive no compensation
Special Damages:
Net Loss of Earnings - For this he would receive financial compensation
