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by fstedy7 on September 3rd, 2006

fstedy7

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I was convicted of a crime that I served 6 months of my life behind bars. After I served my time I was found innocent. Where do I go to get compensation for my loss?

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  • by pudzey101 on September 3rd, 2006

    pudzey101

    Damages in tort are generally awarded to place the claimant in the position he would have been had the tort not taken place. Damages in tort are quantified under 2 headings: general damages and special damages.

    General damages compensates the claimant for the non-monetary aspects of the specific harm suffered. This is usually termed 'pain, suffering and loss of amenity'. Examples of this include physical or emotional pain and suffering, loss of companionship, loss of consortium, disfigurement, loss of reputation, loss or impairment of mental or physical capacity, loss of enjoyment of life, etc. This is not easily quantifiable, and depends on the individual circumstances of the claimant. Judges in the UK base the award on damages awarded in similar previous cases. For example, an accident in which the claimant has lost the loss of both legs and for which the defendant was legally responsible, will typically attract general damages (at 2006) in the region of £125,000 - £145,000. A list of this are contained in a reference book known as 'Kemp & Kemp'. [1]]

    General damages are generally awarded only in claims brought by individuals, when they have suffered personal harm. Examples would be personal injury (following the tort of negligence by the defendant), or in the tort of defamation.

    Special damages compensate the claimant for the quantifiable monetary losses suffered by the plaintiff. For example, extra costs, repair or replacement of damaged property, lost earnings (both historically and in the future), loss of irreplaceable items, and additional domestic costs etc. They are seen in both personal and commercial actions.

    Special damages can include direct losses (such as amounts the claimant had to spend to try to mitigate problems) and consequential or economic losses resulting from lost profits in a business.

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