Tort Law

MORE ON DAMAGES
Pecuniary: monetary damages which can be quantified/ can be special or general
General heads of Damages include:
1. physical injury itself, including pain and suffering at the time of trial
2. disability and loss of amenities before trial
3. loss of earning before trial
4. expenses incurred before trial
5. pain and suffering expected to be suffered after trial
6. loss of amenities after trial
7. loss of life expectancy
8. loss of earnings to be suffered after the trial
9. cost of future care and other expenses

NonPecuniary Damages Include
1.pain and suffering
2. loss of amenities
3. loss of expectaion of life
- in general cts are inclined to provide injured person w/ “reasonable solace for his/her misfortunes” but this should not be excessive , base figure= $100 000 (Andrews )

* possible to recive single lump sum payment which is not taxable, although income it generates is (this factor must be considereed in asseing damage award)

Andrews:
in assessing cost of future care ct looks at:
i) style and standard of care
ii) life expectancy
iii) contingencies and hazards of life
iv) cost of special equip.
in assessing loss of future earnings ct looks at:
i)level of earnings at time of accident
ii) length of working life (assume will work to 55)
iii)contingencies
iv) assess needs of P in post accident injured state
*remember you are assesing capacity, whcih is potential earnings, keep this distinct from     actual earnings

-accidnet victims have other sources of compensation in add’n to the tortfeasor such as OHIP, Cda Pension, Workmans Comp. and private insurance. 3 ways of dealing w/ this
1. accumulation: allows injured person to keep collateral source funds and collect from                 wrongdoer as well
2. subrogation: provides for the reimbursement of teh collateral funds by the wrongdoer                   - P would recive one payment w/ tortfeasor paying back the fund, or
3 set off or deduction: collateral payment is deducted from what the D has to pay - to                         advantage of the D as it denies P the benifits of his own insurance
- most widely used by courts is subrogation

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