General damages

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General damages are those damages which cannot be precisely calculated and an assessment of an appropriate sum is made. They include:

  1. •

    non-pecuniary loss (past and future) for pain and suffering and loss of amenity, handicap in the labour market, loss of congenial employment, loss of convenience etc

  2. •

    future pecuniary loss, eg future loss of earnings, future care etc

In practice, the term general damages is often used to refer only to pain, suffering and loss of amenity (PSLA). Although this is the most common head of general damages in personal injury claims, it is not the only one. Care must therefore be taken to ensure that both parties are aware of exactly what is being referred to, particularly during the course of settlement negotiations.

This overview deals with non-pecuniary general damages only. For an overview of future loss, which includes pecuniary loss, see: Future losses—overview.

Pain, suffering and loss of amenity

A claimant is entitled to recover damages for any PSLA caused by an accident. The pain and suffering element of the award compensates the claimant for all past, present and future physical and psychiatric

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