| 单词 | Lost years |
| 释义 | 失去的年歲 In the assessment of damages for personal injury, the number of years by which the plaintiff’s life has been shortened. Where a living plaintiff’s expectation of life has been shortened by reason of his injuries, he is entitled to recover damages for his loss of earnings throughout both the period that he is likely remain alive and also for the ‘lost years’ during which he would have lived but for his injuries. In Hong Kong, ‘lost years’ claims by the estate have been abolished and replaced by an award for the loss of accumulation of wealth under the Law Amendment and Reform (Consolidation) Ordinance (Cap 23) s 20(2)(b)(iii). The pattern of savings is not a precondition for making an award for loss of accumulation of wealth and the damages could be calculated either on a global basis or by using a multiplier and multiplicand method: Lam Pak Chiu & Anor v Tsang Mei Ying & Anor [2001] 2 HKC 1 (CFA). The number of lost working years will be worked out based on evidence in relation to the living plaintiff’s pre-accident and post-accident life expectancy: Halsbury’s Laws of Hong Kong, Vol 22, Remedies [340.200]. The lost years claim also applies to unearned income and capital which would have inherited by the plaintiff in the lost years: Adsett v West [1983] 2 All ER 985. See also Life expectancy; Loss of expectation of life. 在評估人身傷害的損害賠償時，原訴人的生命被縮短的年期數目。當仍生存的原訴人的預計壽命因受傷而被縮短，該原訴人有權就入息的損失追討損害賠償，包括他相當可能仍然生存的時期，以及本來可以生活卻因受傷而「失去的年歲」。在香港，由產業就‘失去的歲月’所作出的申索已被廢除，而由根據《法律修訂及改革（綜合）條例》（第23章）第20條(2)(b)(iii)該筆累積財富的損失的補償來代替。儲蓄的模式不得作為判決累積財富的損失賠償的先決條件，而該等損害賠償可以全球的基準或使用乘數及被乘數的方法計算：Lam Pak Chiu & Anor v Tsang Mei Ying & Anor [2001] 2 HKC 1 （終審法院）。就損失工作年期的數目可根據有關在世原訴人在意外前後預計壽命的證據而決定：Halsbury’s of Hong Kong, 第22冊，補償，第[340.200]段。就失去歲月的申索亦適用於原訴人在失去歲月裡所接受的未賺入息及資金：Adsett v West [1983] 2 All ER 985。另見 Life expectancy; Loss of expectation of life。 |
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