General Damages

Compensation for 'pain, suffering and loss of amenity'

The assessment of general damages for pain suffering and loss of amenity has been described as "a skilled art that can only be mastered with practice"  - Langstaff, Buchan and Latimer-Sayer, Personal Injury Schedules: Calculating Damages

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