Assessing Damages For Gordon

Summary

Gordons negligence claim against Hazmat involves assessing damages under various heads of loss. The Dust Diseases Tribunal Act 1989 (NSW) and specific sections of the Civil Liability Act 2002 (NSW) govern the claim. Key heads of loss include medical expenses, loss of earning capacity, superannuation benefits, gratuitous care services, and non-economic loss. Calculations should consider past and future medical costs, lost earnings, superannuation contributions, and the value of care services. Non-economic loss covers pain and suffering. The assessment should be structured using the IRAC method, focusing on identifying issues, applying relevant legal rules, and calculating appropriate compensation for each head of loss.

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Task Use the Facts provided for the major assessment. Assume that Hazmat accepts liability in negligence for Gordon’s lung cancer. The parties agree that Hazmat’s negligence caused Gordon’s lung cancer and that the loss identified in the facts is not too remote. The parties agree that Gordon did not fail to mitigate or was contributorily negligent. Subject to the following instructions, assess damages for each head of the following heads of loss incurred by Gordon: *. Medical and other care expenses. *. Earning capacity. *. Superannuation benefits. *. Griffiths v Kerkemeyer / Gratuitous attendant care services damages. *. Non-economic loss damages. See further instructions below. Instructions You should use headings and sub-headings to structure your assessment and separate heads of loss.
Assessment of Damages
*. Medical and Other Care Expenses
Discussion:
- Common Law Principle: Compensation for reasonable medical expenses incurred due to injury.
- Statutory Modification: Dust Diseases Tribunal Act * (NSW) and ss 15A, 15B of the Civil Liability Act * (NSW).
Calculation:
- Medical expenses: [Total cost of medical treatments]
- Other care expenses: [Total cost of ongoing care]
*. Earning Capacity
Discussion:
- Common Law Principle: Damages for loss of earning capacity due to injury.
- Statutory Modification: Dust Diseases Tribunal Act * (NSW).
Calculation:
- Past loss of earnings: [Weekly earnings] x [Number of weeks off work]
- Future loss of earnings: [Weekly earnings] x [Number of weeks until retirement]
*. Superannuation Benefits
Discussion:
- Common Law Principle: Compensation for loss of superannuation benefits due to reduced earning capacity.
- Statutory Modification: Dust Diseases Tribunal Act * (NSW).
Calculation:
- Lost superannuation: [Superannuation rate] x [Lost earnings]