Damages/ Quantum

Question 1

What are the 3 categories of damages that can be awarded?

Answer 1

1. General - 2 heads of general damages:

• Pain suffering and loss of amenity
• Future losses (pecuniary loss)

2. Special (past losses)

Question 2

What factors are taken into account when calculating general damages?

Answer 2

• Age and LIFE EXPECTANCY
• Sex
• Pre-existing conditions
• Nature and duration of the injury
• Ongoing disability
• Handicap on the labour market
• Risk of further injury
• Multiple injuries

Question 3

What reference sources are used to calculate general damages?

Answer 3

Estimated with reference to similar fact cases, using:
1. Judicial College Guidelines - can provide an estimate and should be used in conjunction with comparable case facts, examples as below:

2. Kemp and Kemp – Quantum of Damages (reference book)
3. Personal Injuries and Quantum reports (Sweet and Maxwell)
4. Lexia nexis

Question 4

What are the main heads of special damages (past losses)?

Answer 4

1. Loss of earnings (net)
2. Clothing and personal effects
3. Cost of medical care and expenses
4. Cost of care and nursing services
5. Cost of DIY, gardening and housework services
6. Cost of aids and appliances
7. Cost of alternative or adapted accommodation
8. Transport costs

Question 5

How are General Damages for future loss calculated?

Answer 5

Using a multiplicand and multiplier. The multiplicand represents the claimants annual loss (net income) and the multiplier represents the period of likely future loss (latter taken from Ogden Tables)

Question 6

Give examples of what is included in future losses?

Answer 6

Expenses or losses likely to be incurred in the future
Loss of earnings/ bonuses/ pension rights
Future care costs - family and professional
Private medical expenses
Equipment - aids and appliances
Therapies
Accommodation
Case management costs
Transport costs
Gardening/DIY ?cleaning
Travel /holidays

Question 7

Where an injured person has died, under what statutes can a claim on behalf of the deceased be brought?

Answer 7

1. Law Reform Miscellaneous Provisions Act 1934 - by a personal representative of the deceased’s estate to recover losses that the deceased would have claimed if they had survived

• PSLA prior to death
• Past losses
• Funeral expenses

2. Fatal accidents Act 1976 - a claim can be brought on behalf of the dependants of the deceased for losses they have incurred because of the deceased’s death. Can include:

• a bereavement award (£12,980)
• funeral expenses
• loss of financial support (earnings/pension
• loss of services