A person who is making a legal claim has suffered a broken leg due to an accident caused by the carelessness of another person, known as the defendant. As a result, the claimant cannot work for six months and experiences a loss of income. The claimant requires physiotherapy for their recovery and chooses to pay for it themselves instead of waiting for free treatment from the National Health Service.
The question is, what kind of compensation is the claimant likely to receive for the damages they have suffered?
A person who is making a legal claim has suffered a broken leg due to an accident caused by the carelessness of another person, known as the defendant. As a result, the claimant cannot work for six months and experiences a loss of income. The claimant requires physiotherapy for their recovery and chooses to pay for it themselves instead of waiting for free treatment from the National Health Service.
The question is, what kind of compensation is the claimant likely to receive for the damages they have suffered?
The man will recover damages for his pain, suffering, and loss of amenity caused by the broken leg and for his loss of wages, and he can recover the reasonable cost of necessary physiotherapy.
(B) The appropriate way to measure the compensation for the injury sustained by the claimant is to consider the damages for his pain, suffering, and loss of amenity caused by the broken leg, along with the loss of wages he suffered, and the reasonable cost of necessary physiotherapy.
(A) This statement is incorrect. According to the law, if a claimant incurs the cost of private medical treatment, the defendant cannot argue that they should have mitigated their loss by accepting treatment provided by the National Health Service. However, the costs must be necessary and reasonable.
(C) This statement is inaccurate because the loss of wages and the cost of medical treatment are not considered pure economic losses, but consequential economic losses resulting from personal injuries.
(D) This statement is incorrect. The cost of physiotherapy is not pure economic loss, but rather consequential economic loss.
(E) This statement is incorrect. The need for physiotherapy as a result of personal injury is reasonably foreseeable and, hence, not too remote.