{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

Section 51aa only 3 years for personal injury section

Info iconThis preview shows pages 43–45. Sign up to view the full content.

View Full Document Right Arrow Icon
Section 5(1AA): Only 3 years for personal injury . Section 5(1A): For insidious disease injuries, plaintiff can act within 3 years of knowing they have the injury and that it was caused by the defendant . Section 27D: In personal injury or death cases caused by tort, you can’t bring an action after the expiry of the shortest of the following: o 3 years from the date on which the cause of action is discoverable by the plaintiff. o 12 years from the defendant’s act or omission alleged to have caused the injury. - Can request longer but very difficult. Section 23A: Court can extend the limitation period of personal injury if it is just and reasonable to do so. This can be requested, See Sections 23B and 24: - If there are multiple tortfeasors and P only sues one, D can sue the other D to get paid back some of the money. - D has to make sure the other causes are brought up in court. - P can sue ALL tortfeasors if they choose. 43 LIMITATION PERIODS CONTRIBUTION AND INDEMNITY OF
Background image of page 43

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
- Apportionment of damages amongst tortfeasors is in proportion to their responsibility. Section 24AI: In property and economic loss cases, the plaintiff can sue one D for everything and the court will automatically apportion the damages. - The aim of damages is to restore the plaintiff to the position they were in before the tort. - Damages are a once off final payment that cannot be changed after ruling. GENERAL DAMAGES = For losses that can’t be proven precisely/courts have wide discretion (E.g. pain and suffering) SPECIAL LOSSES = For losses that can be proven precisely. (E.g. wages and medical costs). NON-PECUNIARY LOSSES = Losses not relating to money. PECUNIARY LOSSES = Losses relating to money. PECUNIARY LOSSES Hospital and Medical Care Expenses - Plaintiff will be awarded damages for the lowest reasonable cost not the actual cost. E.g. If cheaper to stay in hospital but P wants to stay at home but there is no medical benefit, D will pay hospital costs. - Compensation not for cost of care but for loss of ability to care for oneself. Loss of Earning Capacity - Not loss of wages but capacity to earn wages. - Courts will look at previous wages . - Plaintiff will be compensated for the actual cost not the reasonable cost but there is a cap. Section 28F(2): Courts can only award damages up to 3 times the average wage at the time of the award. - They give you your net wage not gross wage. - Courts may add 15% for change of circumstances . - Courts apply a 5% discount because the payment is lump and upfront . NON-PECUNIARY LOSSES Loss of Amenity - For loss of a limb the court will look at past cases. 44 DAMAGES
Background image of page 44
- Depending on your strength/weakness you may get more or less for pain and suffering. - May get more amenity if you enjoy life more. Section 28G: Damages for pain and suffering limited to $372, 000.
Background image of page 45
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

Page43 / 45

Section 51AA Only 3 years for personal injury Section 51A...

This preview shows document pages 43 - 45. Sign up to view the full document.

View Full Document Right Arrow Icon bookmark
Ask a homework question - tutors are online