LEGAL PRINCIPLE: DAMAGES – Personal Injury – Assessment of General Damages Governed by Settled Factors
PRINCIPLE STATEMENT
Assessment of general damages in personal injury cases is governed by settled factors including: pain and suffering (past and future), permanent disability or disfigurement, loss of earnings from such disability, hospital stay duration, loss of amenities of life, and the plaintiff's age, status, and life expectancy.
RATIO DECIDENDI (SOURCE)
"Matters for consideration in the assessment of general damages in personal injury cases have been held to include: (i) The bodily pain and suffering that the plaintiff underwent and that which may occur in the future; (ii) Whether or not such a plaintiff sustained permanent disability or disfigurement; (iii) The loss of earnings caused by any such disability or disfigurement as aforesaid; (iv) The length of time the plaintiff spent in the hospital receiving treatment; (v) The loss of amenities of life, if any, and (vi) The age, status and expectation of life of the plaintiff."
EXPLANATION / SCOPE
General damages for personal injury compensate non-pecuniary losses difficult to quantify precisely. Courts consider these six factors holistically: (1) Pain/suffering encompasses physical and mental anguish endured and anticipated; (2) Permanent disability/disfigurement affects quality of life and earning capacity; (3) Loss of earnings flows from reduced working ability due to injury; (4) Hospital stay duration indicates injury severity and treatment intensity; (5) Loss of amenities covers inability to enjoy activities previously available (sports, hobbies, sexual relations); (6) Age/status/life expectancy affects compensation—younger victims with longer suffering periods and greater lost opportunities receive higher awards. Courts balance these factors against comparable awards, ensuring consistency while recognizing each case’s unique circumstances