Damages

DAMAGES – SOLICITORS COVENTRY

When you sue a person because he/she/they  has/have breached some obligation owed you in a contract or because of a duty of care then courts will normally award money payments to a successful claimant. These money payments are called damages.

The courts award damages for legal wrongs committed in civil matters. Damages are normally calculated by the courts as being the cost to put the claimant back into the position he or she would have been in had the wrong not taken place.

In contract law the value depends on the amount lost as a result of a breach of contract.

In tort law (eg negligence or personal injury) the amount of damages to be awarded is more complex to calculate but broadly speaking the damages will be assessed on the financial value of what the claimant has lost in terms of damages to property, the affect on the quality of life and any personal injuries suffered.

In tort damages are divided into special and general damages. Special damages are out of pocket expenses that the defendant has incurred as a result of the injuries or loss. These damages normally include car expenses, medical bills and lost wages.

General damages are paid for any pain and suffering caused as well as a loss of life expectancy, reputation and companionship. In some jurisdictions courts have capped the highest amount that can be claimed, applying the logic that no amount can truly compensate for devastating injuries and therefore a top level amount should exist.

Damages are meant to be awarded to compensate the injured party and should be treated as such when decided awards. In tort law where no real harm has been suffered the courts are able to award damages as low as £1.00. The idea behind this is that the claimant is being awarded damages on principal rather than because they need financial compensation. Given that litigation fees are sky high this situation will be rare.

FAQs about:
Damages

What is a personal injury?

A personal injury includes any illness, disease or injury whether physical or mental sustained as a result of a breach of a tort (negligence, for example), statutory laws (health and safety, for example)or criminal act.

How are damages for personal injury calculated?

Every case can be different and depends on the existing circumstances of the claimant; the type and severity of the injury; the conduct of the claimant (see contributory negligence below); the way in which the injury has affected the claimant and any standard guidelines used.  The amount will also vary according how and where the damages are decided, whether that is an insurer, the court or through an out of court settlement.

What type of damages can I claim?

There are two types: general damages and special damages.

General damages are awarded for pain and suffering and loss of future earnings.  Special damages are awarded for financial loss sustained up until the date of the hearing.  Relevant financial loss will include any medical and care costs, damage to possessions, and the cost of a hire car (if involved in a road traffic incident).

What guidelines are used to calculate personal injury damages?

For general damages, guidelines are produced by the Judicial Studies Board.  These guidelines set a price on each type of injury.  Loss of both arms, for example, will result in an award of between £154,000 and £191,500.

What do you mean by contributory negligence?

Most personal injury claims will be governed by negligence law unless the injury is caused by a criminal act or defective product (which is dealt with under strict liability where an element of negligence is not necessary).  Contributory negligence occurs where the claimant is partly responsible for the damage they have sustained.  If, for example, I cross the road without looking and I am hit by a driver who has not being paying attention to the road, clearly both the driver and myself have been negligent.  As a pedestrian, it is likely that any damage done to me is far greater, although any amount received will be reduced by the percentage the accident was your fault.

How are benefits affected by damages?

If you have been unable to work after an accident and have been receiving benefits, you may have to pay back any benefits you received using the damages you were awarded.  The way this is done can be quite complex, so if possible seek legal advice.

What course of legal action can I take?

Many personal injury claims are dealt with by no win no fee solicitors under what is known as conditional fee agreements.   If the claim is a related to a traffic accident or a business, it is likely that any damages will be settled out of court with the insurers.  If there is a dispute, the claim may go to court and be decided according to legal guidelines (such as the Judicial Studies Board guidelines) and individual circumstances related to the case.

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