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27. Principles of Compensation for Personal Injuries and Associated Losses

Christian Witting

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Abstract

This chapter examines the principles of awards and damages for personal injuries and associated losses in tort law. It explains that damages are available to both surviving tort victims and to deceased estates. The personal injury damages available to living claimants include those for pecuniary losses and non-pecuniary losses, while for instances where the tort victim has died there are survival actions provided by the Law Reform (Miscellaneous Provisions) Act 1934 and another that treats the victim’s very death as the basis of the claim which is provided for by the Fatal Accidents Act 1976. This chapter also considers various alternative sources of compensation.

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What this paper is about

This chapter examines the principles of awards and damages for personal injuries and associated losses in tort law. It explains that damages are available to both surviving tort victims and to deceased estates. The personal injury damages available to living claimants include those for pecuniary losses and non-pecuniary losses, while for instances where the tort victim has died there are survival actions provided by the Law Reform (Miscellaneous Provisions) Act 1934 and another that treats the victim’s very death as the basis of the claim which is provided for by the Fatal Accidents Act 1976. This chapter also considers various alternative sources of compensation.

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Available abstract

This chapter examines the principles of awards and damages for personal injuries and associated losses in tort law. It explains that damages are available to both surviving tort victims and to deceased estates. The personal injury damages available to living claimants include those for pecuniary losses and non-pecuniary losses, while for instances where the tort victim has died there are survival actions provided by the Law Reform (Miscellaneous Provisions) Act 1934 and another that treats the victim’s very death as the basis of the claim which is provided for by the Fatal Accidents Act 1976. This chapter also considers various alternative sources of compensation.

Key concepts: Damages, Personal injury, Tort, Compensation (psychology), Law, Forensic engineering, Business, Political science

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