Compensation for a plaintiff in a personal injury claim must fall under “heads of damage”:
- Non-Pecuniary Damages (i.e. “pain and suffering”)
- Past Income Loss (i.e. income lost up to the date of trial/settlement)
- Future Loss of Earning Capacity (i.e. income to be lost after the trial/settlement)
- Special Damages (i.e. out of pocket expenses for treatments, medications, etc.)
- Cost of Future Care (i.e. cost of treatments after trial/settlement)
- Lost Housekeeping Capacity
- “In Trust” Claim (the cost of services provided by loved ones)
Today we will look at the theoretical justification for non-pecuniary damages and the valuation of these damages in various case examples, as well as non-compensatory damages, such as punitive damages and aggravated damages.
Non-Pecuniary Damages: Pain, suffering, loss of enjoyment of life, and loss of amenities – quantifying the unquantifiable.
- Elderly individuals
- Previously disabled plaintiffs
“Rough upper limit” or “cap” for non-pecuniary damages: catastrophic injuries
Aggravated and punitive damages