The assessment of compensation for claimants in personal injury (PI) cases (including clinical negligence) is subject to a detailed review and might see far-reaching changes in the not-too-distant future.
The object of an award for damages for personal injury is to put the claimant in the same financial position as they would be had they not been injured. The award will break down into three distinct sections:
a) non-pecuniary, or personal losses, such as pain or suffering and loss of amenity;
b) financial expenses incurred before the date of assessment of compensation;
c) future losses such as loss of earning capacity and the cost of continuing medical and other care.
This article focuses on the more serious cases involving larger awards of compensation in which the future losses are likely to comprise the largest aspect of the awards.
Non-pecuniary losses
The issue of non-pecuniary losses has recently been addressed. For some time, there has been a widely-held view that awards of compensation for pain and suffering and loss of amenity have been too low.
In a landmark decision on 23 March, the Court of Appeal considered a range of cases, from asbestosis to serious head injury to whiplash. This followed the Law Commission report (number 257) on damages for personal injury: non-pecuniary loss that recommended that the level of damages for non-pecuniary loss for personal injuries should be increased.
In summary, the Court of Appeal decided that there should be:
