General damages are awarded as part of personal injury compensation to compensate a claimant for the pain and suffering they have experienced as a result of their injury. General damages are an essential part of personal injury compensation as they give the claimant legal redress for the pain and suffering they have had to endure as a result of someone else's negligence. Although money cannot fully compensate a claimant for what they have experienced or continue to experience, it can help the claimant to come to terms with their injury.
The Judicial Studies Board Guidelines for the Assessment of General Damages in Personal Injury Cases (the JSB Guidelines) are guidelines used by personal injury lawyers and judges when negotiating or deciding the level of general damages that should be awarded for an injury. It was originally published in 1992 and has become invaluable to the calculation of general damages. It is regularly updated to reflect the rise in inflation and recent case law.
The JSB Guidelines lists possible injuries under the categories:
- Injuries involving paralysis
- Head injuries
- Psychiatric damage
- Injuries affecting the senses
- Injuries affecting internal organs
- Orthopaedic injuries
- Facial injuries
- Scarring to other parts of the body
- Dermatitis
- Damage to hair
Each injury is then discussed in terms of severity and the recommended level of compensation is given. For example, a minor head injury can receive compensation of between £1,250 and £7,000 and very severe brain damage can receive between £155,000 and £220,000. The total loss of hearing in one ear can lead to compensation of between £17,500 and £25,000 being recovered, and the development of asthma can recover compensation between £2,750 and £36,000. These are just a few examples; for advice on your specific injury you should speak to a personal injury lawyer.
In addition to general damages, the amount of personal injury compensation received by a claimant will include other general damages to reflect their loss of the ability to perform day-to-day activities, such as sport and gardening, and their loss of earnings, including future earnings. The personal injury compensation will also include special damages. Special damages cover the financial expenses incurred by the claimant as a result of their injury, such as medical costs, rehabilitation costs, the cost of modifications to their home, and the cost of damage to their personal property, such as a car.
A personal injury lawyer will be able to give a claimant an accurate estimation of the amount of compensation they can expect to receive if their claim is successful. The JSB Guidelines will be used as a starting point to calculate general damages but there are many other elements a personal injury solicitor will need to consider before they can advise the claimant.
- Last Updated on 29/08/2011
