Tort Claim Damages

Posted on Saturday, January 1st, 2022 at 5:09 am    

The concept of tort law is to ensure that the injured person or the one who has suffered damages is made whole. Being made ‘whole’ is done through getting compensation is the form of money. Such compensation covers the injuries the person has suffered as a result of the tort action. This article will discuss how injury damages are established in a tort claim.

Tort Claim: Loss of Earnings

An aspect of damages is loss of earnings. Loss of earnings covers the wages the person lost because of their injuries and the accident. This may include vacation time the person took to tend to their injuries or doctor visits, etc. Another aspect of loss of earnings is loss of future earnings. This relates to the likelihood that the injured will be unable to work permanently as a result of their injury. Or the injured’s inability to progress in their career due to the injuries sustained. To receive compensation for loss of earnings and of future earnings evidence must be given of the following:

  • The amount of wages lost for a period of time that can be determined, and
  • The future period over which wages will be lost or diminished

The measure used for wage loss damages is the gross wage amount. As a result, normal deductions, such as social security, retirement contributions, to one’s wage are not reduced when recovering lost wages.

Tort Claim: Loss of Consortium

Another element of damages is loss of consortium. Loss of consortium in tort law means the benefits that the family is deprived due to a person’s injury or death. It includes aspects such as loss of services, society, and sexual relations.

Emotional Distress

Emotional distress is another element of damages and has three types that can be claimed for; that which is:

  1. Intentionally inflicted
  2. Negligently inflicted
  3. Emotional distress of bystanders

In the first two types of emotional distress, are determined by examining the injured person by a mental health expert. And evidence must be given as to the effect this has on their:

  • health,
  • earning capacity and expected expenses and loss of wages that resulted

Bystanders may recover for emotional distress damage under very limited circumstances. The emotional disturbance must have been “serious and verifiable”.




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