Valuing general damages—checklist


Published by a ÀÏ˾»úÎçÒ¹¸£Àû PI & Clinical Negligence expert
Checklists

Valuing general damages—checklist


Published by a ÀÏ˾»úÎçÒ¹¸£Àû PI & Clinical Negligence expert

Checklists
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This checklist outlines the issues a practitioner should consider when valuing general damages. It looks at different heads of damage including pain, suffering and loss of amenity (PSLA), Smith v Manchester awards, loss of congenial employment, loss of use, holiday disruption, damage to relationships, loss of marriage prospects, aggravated damages, unnecessary treatment, fatal accidents and interest.

Head of DamageValuing the claimFurther Reading
PSLAPain and suffering is the subjective experience of the victim.

Loss of amenity is the reduction in the ability to perform everyday tasks.

Damages are awarded for physical and/or psychiatric injury and encompass suffering from the past, present and future.

There is no formula.

When assessing PSLA, certain factors will be relevant including:

—severity and extent of the injury

—whether there are multiple injuries

—physical pain caused by the injury including by any medical treatment, eg an operation

—age of the claimant

—duration of symptoms

—degree of incapacity

—mental distress

—loss of the enjoyment of life

—disfigurement or scars

—ability to resume hobbies including sport, DIY and gardening

—pre-existing illness or disability

When valuing PSLA for cases, practitioners should consult:

—T³ó±ð
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United Kingdom
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