The following PI & Clinical Negligence guidance 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 a particular 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 overlap in the pain, suffering and loss of amenity and factor this in to 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.
See Practice Note: Pain, suffering and loss of amenity and Lexis®PSL Personal Injury Quantum Database in our Key Resources where you can search for quantum reports.
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234