Compensation
Generally, awards of compensation are divided into two separate categories namely general damages and special damages.
General Damages
General damages are awarded for pain, suffering and loss of amenity. In short, they are designed to compensate a Claimant for the initial injury together with ongoing suffering. The loss of amenity aspect is designed to compensate a Claimant being unable to pursue the kind of life he or she enjoyed prior to the accident or could have expected if the accident had not occurred. Sadly, general damages are not very high and the highest award is in the region of 200,000. Such awards do not compare favourably with US awards and there is no opportunity currently for punitive damages.
In short, the greater the degree of injury the greater the award but with a ceiling of around 200,000. Awards are decided by reference to previously decided cases and guidelines published by the Judicial Studies Board. Cerebral palsy cases tend to be found at the more severe end of the spectrum.
Special Damages
Some claims are compared to lottery wins and others seem trivial in comparison. Why is there such a difference? Perhaps surprisingly, all claims are valued using the same basic principles.
Special damages generally make the difference between cases and account for the higher awards. There is no tariff system for civil awards and no generally accepted amount for a particular head of loss. It is important to remember that each case is decided on its own facts.
Areas of loss and expense include the following.
- The cost of past and future care and assistance
- Therapies
- Adapted accommodation
- Adapted transport
- Aids and equipment
- Loss of past and future earnings
- Cost of Court of Protection or financial advice
- Out of pocket expenses
Items of loss and expense are usually valued with the help of independent experts who individually assess a Claimant's needs and prepare recommendations and costings.
Each case is different from another. For example, one person with mild cerebral palsy may require minimal care and assistance, perhaps in the region of 15,000 per annum whereas another person may require 24-hour care, which can cost 100,000 per annum at least. It is these variations that cause differences in the amounts of money awarded.
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