General Damages

General Damages

This term covers amounts awarded to an injured person which cannot be calculated in financial term eg. compensation for physical injuries, pain and suffering, loss of amenity and certain other items.

The amounts awarded are assessed by the trial judge taking into account various factors including of course the nature and seriousness of the injury and any ongoing pain, suffering or discomfort.

Personal factors such as age and occupation are considered including how the injury affects or interrupts employment. An amount may sometimes be awarded if it considered that the injured person has been disadvantaged in the labour market. This situation arises where, although the claimant may not have lost his job as a result of his injuries, it is considered that should he lose his job in the future, the injuries would make it more difficult for him to find alternative employment.

The impact of the injuries on hobbies, leisure activities and domestic responsibilities would also be taken into account.

The judge will consider amounts awarded in previous similar claims although no two claims are the same. When using precedents in this way inflation has to be taken into account.

Damages which can specifically calculated in financial terms are dealt with separately - see Special Damages.