The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
The court will make a monetary award to reflect the gravity of an injury and the effect it has had on the claimant.
Awards are usually made within the relevant brackets of the Judicial College Guidelines but if an injury is particularly severe, or if there is substantial interference with particular pastimes or hobbies which were important to the claimant, then higher awards may, exceptionally, be made.
Where there is more than one injury (or site of injury) the court will look for any overlap in the pain, suffering and loss of amenity and factor this into its assessment. The usual approach is to take the most severe injury, arrive at an appropriate figure for it and then apply an uplift to reflect the impact of the other injuries. If the claimant has suffered discrete injuries (ie there is little or no overlap in the consequential pain, suffering and loss of amenity), then individual awards may be made in respect of each injury. An example of this is George v Stagecoach which involved a brain injury, a foot injury and tinnitus.
For further guidance, see Practice Note: Pain, suffering and loss of amenity.
See also Lexis®PSL PI & Clinical Negligence Quantum Database in our Key Resources where you can search for quantum reports and the Judicial College Guidelines.
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