General Damages

• General damages are "unliquidated" or "non-pecuniary" damages. These can not be calculated exactly.
• General damages are awarded for:

  • Pain and suffering
  • Loss of amenity
  • Future loss
• Pain and suffering covers past, present, and future physical pain and mental anguish. It also includes fear of future treatment or anguish caused by life expectancy being shortened.

  Wise v Kaye
• Post-trial loss of earnings can't be calculated precisely so a formula was developed:

  Multiplicand x Multiplier = Future loss of earnings
• Multiplicand is the court's assessment of the claimant's net annual loss and the multiplier is the period of future loss. If the life expectancy is lowered then the future loss of earnings is adjusted.

  Pickett v British Rail Engineering Ltd