Week Four: Non-Pecuniary

Compensation for a plaintiff in a personal injury claim must fall under “heads of damage”:

1. Non-Pecuniary Damages (i.e. “pain and suffering”)
2. Past Income Loss (i.e. income lost up to the date of trial/settlement)
3. Future Loss of Earning Capacity (i.e. income to be lost after the trial/settlement)
4. Special Damages (i.e. out of pocket expenses for treatments, medications, etc.)
5. Cost of Future Care (i.e. cost of treatments after trial/settlement)
6. Lost Housekeeping Capacity
7. “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.

Special cases:

• Elderly individuals
• Athletes
• Previously disabled plaintiffs
• “Rough upper limit” or “cap” for non-pecuniary damages: catastrophic injuries
• The “Minor Injury” Cap
• Pain and suffering compensation under the new ‘No Fault’ regime
• Sexual abuse

Aggravated and punitive damages