Law Of Damages Case Brief And Outline

PERSONAL INJURIES Disease; Illness; Injury - physical and mental; and the financial loss arising from such injuries. DAMAGES PECUNIARY LOSSES All loss which can be calculated in a monetary sum so as to bring the claimant back as close as is possible or reasonable to the position he would have been in had the loss not occurred. NON PECUNIARY LOSSES (GENERAL DAMAGES) All loss for which money cannot compensate because the calculation is for an intangible and highly subjective matter and in many cases matters which are priceless or incapable of accurate quantification. PAST PECUNIARY LOSS (SPECIAL DAMAGES) 1. LOSS OF PAST EARNINGS The plaintiff is entitled to net earnings he would have made but as a result of his injury has not made. Expenses saved should be deducted. It is assessed from the date of injury to trial. Pay attention -What the P was earning at the date of the injury -What he would have earned or -What he had a realistic chance of earning but for his injuries from the accident to the trial -Whether the claimant was unable to work from time of injury to trial; -Whether he started back working before trial; -Whether he was partially