Northern Territory Consolidated Acts Northern Territory Consolidated Acts10. Damages
(1) The court may award to the parties respectively for whose benefit the action is brought, such damages as it may think proportioned to the injury resulting from the death of the person injured.
(2) The amount of damages recovered under this section shall, after deducting the costs not recovered from the defendant, be divided amongst the persons for whose benefit the action is brought in such shares as the court determines.
(3) Damages in an action may include -
(a) the reasonable expenses of burial or cremation of the deceased person that are incurred by a person for whose benefit the action is brought;
(b) the reasonable medical and hospital expenses of the deceased person in relation to the injury that resulted in the death of the deceased person that are incurred by a person for whose benefit the action is brought;
(c) if the deceased person is survived by a spouse or de facto partner - damages for loss or impairment of consortium in the same manner as damages would be assessed in a claim in tort by a husband for damages for loss or impairment of consortium;
(d) if the deceased person customarily performed household services - the reasonable expenses that would be incurred by a person for whose benefit the action is brought in respect of the hire of help to perform those services;
(e) if the deceased person is survived by a child of his who is an infant -
(i) the reasonable expenses that would be incurred by a person on whose behalf the action is brought in respect of the hire of a person to live in the home and care for the infant until the infant attains the age of 18 years; and
(ii) damages on account of loss of care and guidance of the child by the deceased person as a parent; and
(f) solatium.
(4) In assessing damages in action, no reduction shall be made on account of -
(a) a sum paid or payable on the death of, or personal injury to, the deceased person under a contract of insurance;
(b) a sum paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society, lodge or trade union;
(c) a sum paid or payable by any government or person consequent upon the death or injury of the deceased person and being -
(i) a payment in lieu of furlough or long service leave; or
(ii) a payment by way of pension, social service benefit or repatriation benefit;
(d) a sum paid or payable as a gratuity consequent upon the death of the deceased person;
(e) any sum in respect of the acquisition by a member of the deceased person's family, consequent upon the death, of, or an interest in, a dwelling used at any time as the home of the member, or of, or of an interest in, the household contents of any such dwelling;
(f) a premium that would have become payable under a contract of insurance in respect of the life of the deceased person if he had lived beyond the time at which he died;
(g) any other gain or benefits that have accrued or may accrue to the deceased person's estate or to any person for whose benefit an action is brought consequent upon the death of the deceased person; or
(h) the marriage or entry into a de facto relationship, or the prospects of doing so, of a surviving spouse or de facto partner or a surviving former spouse or de facto partner.
(5) A payment made in pursuance of a settlement, release or judgment in respect of the wrongful act, neglect or default causing his death made, given or obtained by the deceased person within the period of 6 months after the commission or occurrence of the wrongful act, neglect or default causing his death shall be taken into account in assessing damages in an action.