Pecuniary Losses For Personal Injuries
Loss of EarningsDamages for loss of earnings come in two categories. Loss of earnings suffered by the Plaintiff before the trial has to be pleaded as special damages. The plaintiff must show what his net loss has been as a result of his injury.
Future loss of earnings(i.e. from the trial onwards) are claimed as general davmages. This causes severe problems to the courts as it involves guessing what would have happened to the Plaintiff had the accident not occurred.
The first stage in calculating future loss of earnings is to take the Plaintiff’s net annual loss,i.e. the difference between what he would have earned and what he is earning. The court will then adjust this figure to take into account factors such as promotion aspects. The second stage is to apply the multiplier to this figure. The multiplier is calculated by working out the number of years that the disability is likely to continue. This figure is then reduced to take into account the contingencies of life.
No damages are recoverable for loss of expectation of life itself but non-pecuniary damages may be awarded for mental suffering caused by the knowledge that life has been cut short.
Other Pecuniary Losses
The Plaintiff can recover any expenses reasonably incurred as a result of treatment of his injuries. Any medical expenses reasonably incurred may therefore be recovered. The Plaintiff has a choice as to whether he is treated privately or not.
If a friend or relative has incurred financial loss in caring for the plaintiff then the plaintiff can recover this amount as damages. This is the Plaintiff’s loss because of his need for care. In the absence of any contract between any third party and the Plaintiff, the obligation on the Plaintiff to reimburse the third party is only a moral one.
Where the services are gratuitously rendered by the tortfeasor, the Plaintiff cannot recover the cost of those services by way of damages.
- Injunctions And Specific Restitutions
- Pecuniary Losses For Personal Injuries
