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 why would someone take legal action? —  what would you hope to gain from doing so? 1. protecting ones rights, 2. ensuring that a contract is performed as intended, 3. being recompensed for expenses caused by the actions of a defendant, 4. restoring a prior situation, 5. being compensated for harm done. 2

 Receipt of a sum of money to provide compensation for the civil wrong  The amount of damages vary due to the individual circumstances of each case. 3

Compensatory Damages 1. Specific Awarded for items that can be accurately measured in money terms (Medical) 1. General Damages Awarded for items that cannot be accurately measured (income potential)  Lynette ROWE case study (Page 348) The exact terms of the settlement were confidential but Rowe's lawyers said it was several million dollars. The lawsuit asked for compensation for the victims' pain and suffering, lost wages and future medical care. woman-settlement-thalidomide-distributor 4

 Exemplary Damages Aka: Punitive damages Awarded in circumstances where the court wants to make an example to aid in deterrence.  Aggravated Damages Awarded when the court believes the defendant had reckless disregard for the plaintiff’s welfare Punish the defendant Aggravated and Exemplary damages are closely linked. 5

 Nominal Damages Awarded a small amount of money Normally applied in situations where the plaintiff is pursuing the defendant in situations of social justice/Principal of the matter. Plaintiff not seeking great amounts of damages  Contemptuous Damages Awarded a small amount of money The court disapproves of the plaintiffs actions in taking the matter to court even though the Plaintiff is legally right. Trivial matters. 6

In addition to receiving damages a plaintiff may also be entitled to interest payable Monetary loss could have arisen by not having access to those funds i.e., instead of paying bills that money could have been used to earn interest in a bank. Back dating the commencement of the interest period varies  When the plaintiff should have been paid by the defendant  When writ first issued 7

Expiry dates associated with some claims After a certain period you may not be able to make a claim. Limitations of Actions Act 1958 (Vic.) (incorporating amendments up to 2007) Action for damages in respect of 1. personal injuries 2. breach of contract or tort by an adult ‘must not be brought after the expiration of three years from the date on which the cause of action accrued’. Work injury claims and transport accident injuries are subject to different time limits. 8

The Wrongs and Other Acts (Public Liability Insurance Reform) Act 2002 Claims for non-economic loss, which is pain and suffering and loss of quality of life, are limited to $ indexed with CPI The Wrongs and Limitations of Actions Acts (Insurance Reform) Act 2003 also places limitations on non-economic loss unless the person has suffered significant injury;  More than 5% impairment for injuries  More than 10% impairment for psychological injuries 9

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