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Claims for Damages Arising from the Tort of Negligence - Essay Example

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This research is being carried out to evaluate and present claims for damages arising from the tort of negligence. The researcher of the current study highlights two major types of damages namely general damages and special damages…
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Claims for Damages Arising from the Tort of Negligence
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The paper tells that in law, any person who has suffered loss or injury has a likelihood of receiving compensation from making a claim of that loss or injury if it can be proved that the loss or injury suffered was partly or wholly as a result of negligent omissions or commissions of certain acts (s) of another party or person. The compensation is aimed at not necessarily making up fully for what had happened to the person but rather to enable the injured party move on with his/her life with less difficulty. If appropriate, claims should be made for damages that arise from a given situation. In the UK, there is legislative provision governing personal injury and loss as well as damages for personal Injury and non-pecuniary loss. Consultation Paper No 140. Damages, in law, are defined as an award often in form of monetary consideration paid to a person who has suffers injury or loss as compensation. Compensation is crucial in most cases since the loss or injury suffered has possibly changed the ability of a person to undertake normal duties or activities hence limiting the ability of that person to meet his or her needs. For instance, compensation is vital in an event that a person has suffered a disability. Also, compensation can make a significant difference to life of person(s) who has lost a relative in an accident by providing financial support to the person(s). Besides, compensation is in some cases necessary to fund medical care for an injury or illness that is ongoing and was caused by the accident in question.
Moreover, compensation or damages is essential in making up for earnings that may have been earned due to an accident caused by another person due to negligence hence denying the person who has suffered the loss ability to earn money to pay his or her bills.4 In order to appropriately advise Cheryl, Lizzie, David and Bellisima Company on whether they have claim/claims for damages arising out of the scenario, and against whom they would make such claims, it is important to understand some aspects of damages that relate to their scenario. First, in their scenario, in an event that their claims become successful they will be entitled to compensatory damages, that is, they will be paid to compensate them for financial loss and injury suffered from the accident. There are two major types of damages namely general damages and special damages.5 General damages are those that aim at compensating the claimant(s) for the specific injury suffered which is of non- monetary nature. These damages are only awarded in claims that have been made by person(s) who have suffered personal injury; for instance, on personal injury caused by negligence of another party.6 Example of general damages include disfigurement, impairment of physical or mental capacity, physical or emotional suffering and pain, loss of enjoyment of life, and loss of companionship among others.7 It is imperative to point out that quantifying these damages may prove difficult and judges mostly base awards on amount placed on similar cases previously. Therefore, how do the courts quantify personal injury claims? As has been noted, such quantification is not easy and most judges rely on similar previous cases to award. In the UK, solicitors in most cases refer personal injury as general damages for suffering and pain. Just like most judges, they quantify personal injury claims based on previous awards on similar cases made by the courts.8 The following factors guide quantification of personal injury claims: one, the extent and nature of the injuries suffered; consideration will be made on similarities of the injuries of the case in hand and cases that are similar and had been decided by courts previously.9 Normally, the extent of the injury usually corresponds to the damages awarded; that is, greater injuries will result to greater awards. Since quantifications are based on precedence, decisions of higher courts are always binding to the lower ...Download file to see next pagesRead More
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