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Examples of general damages for pain and suffering

General damages are compensation which cannot be mathematically calculated at the date of trial.

The main head of general damages in Clinical Negligence claims is pain, suffering and loss of amenity although a number of other heads must also be considered. The term ‘loss of amenity’ refers to the impact a negligent act has had on a Claimant’s everyday life, for example, they may be unable to undertake their usual hobbies and activities.

Whilst every case is different, pain and suffering can be caused by a physical injury or psychological distress. When considering the potential value of an award for general damages, your Solicitor will consider the Judicial College (JC) Guidelines (in their most recent edition), and relevant case law i.e. reported cases that are similar to yours.

Examples from the Judicial College Guidelines*
Immediate Unconsciousness/Death after Six Weeks £3,300 to £3,850
Amputation of All Toes
The exact amount awarded will be determined by, for example, whether or not the amputation was traumatic or surgical, and the extent of the loss of the forefoot together with the residual effects on mobility.
£32,020 to £49,180
Loss of Spleen where there is continuing risk of internal infection and disorders due to the damage £18,240 to £23,050
Total or Effective Loss of Both Hands £123,310 to £176,660

*Please note that the JC Guidelines are subject to alteration and update.

Longden Walker and Renney’s Monica Giles said: “Damages are not a windfall.  They are an attempt to compensate someone who has suffered loss.  We are aware that sometimes no amount of money could leave an injured person feeling that they have received redress."

We can be contacted by email at law@longdens.co.uk or by telephone on 0191 5666 500. Alternatively, fill in our short enquiry form and one of our specialist solicitors will be in touch.

 

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