Compensation isĀ assessedĀ on two criteria:

  • General damages, which relates to the injury.
  • Special damages, which relate to losses and expenses.
General Damages for pain, suffering and loss of amenity

Factors influencing the award will include consideration of :-

  • the severity and duration of the pain suffered
  • the speed of recovery and the prognosis
  • whether the symptoms are permanent
  • whether the injury has reduced life expectancy
  • the treatment required
  • the age of the individual
  • whether the injury has exacerbated, or accelerated, the onset of another condition or illness
  • the effect of the injury on the practicalities and enjoyment of the individuals everyday life, for example relationships, ability to work and look after himself, as well as the ability to engage in pre-accident hobbies and pastimes

Damages are calculated based on three factors:

  • Guidelines set by the Judicial Studies Board,
  • How courts have treated similar cases previously;
  • Adjustments to take into account inflation/present day values
Special Damages

Special damages can include:

  • Loss of earnings
  • Pension loss
  • Medical expenses
  • Clothing and personal effects
  • Costs of care
  • Transport costs
  • Aids and equipment
  • Loss of domestic skills
  • Accommodation costs

In road traffic accident cases, additional special damages can include:

  • Cost of repairs or pre-accident value of vehicle (less its salvage value)
  • Insurance policy excess payment/deduction
  • Vehicle recovery and storage charges

Hire of a reasonable substitute, pending repair or replacement of the damaged vehicle

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