Editing Damages (section)

===General damages===
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''General damages'' are monetary compensation for the non-monetary aspects of the specific harm suffered. These damages are sometimes termed "pain, suffering and loss of amenity". Examples of this include physical or emotional pain and suffering, loss of companionship, [[loss of consortium]], disfigurement, loss of reputation, impairment of mental or physical capacity, hedonic damages or loss of enjoyment of life, etc.<ref>{{cite web |url=http://d-w-s.co.uk/content/personal-injury-loss-amenity-compensation |location=Leicester |work=Douglas Wemyss Solicitors |title=Loss of Amenity |first=Richard |last=Beaman |date=2010-09-22 |url-status=dead |archive-url=https://web.archive.org/web/20101115095301/http://d-w-s.co.uk/content/personal-injury-loss-amenity-compensation |archive-date=2010-11-15 }}</ref> This is not easily quantifiable, and depends on the individual circumstances of the claimant. Judges in the United Kingdom base the award on damages awarded in similar previous cases. In 2012 the [[Court of Appeal (England and Wales)|Court of Appeal of England and Wales]] noted that {{Blockquote|this court has not merely the power, but a positive duty, to monitor, and where appropriate to alter, the guideline rates for general damages in personal injury actions.<ref>[https://www.judiciary.uk/wp-content/uploads/JCO/Documents/Judgments/simmons-v-castle.pdf Simmons v. Castle], Case No: A3/2011/1846, paragraph 12, published 26 July 2012, accessed 17 July 2022</ref>}} General damages in England and Wales were increased by 10% for all cases where judgements were given after 1 April 2013, following changes to the options available to personal injury claimants wanting to cover the cost of their litigation.<ref>Herbert Smith Freehills LLP, [https://hsfnotes.com/litigation/jackson-reforms/10-increase-in-general-damages/ 10% Increase in General Damages], accesses 26 September 2022</ref>

General damages are generally awarded only in claims brought by individuals, when they have suffered personal harm. Examples would be personal injury (following the tort of negligence by the defendant), or the tort of [[defamation]].

====General damages in personal injury cases====
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The quantification of personal injury is not an exact science. In English law solicitors treat personal injury claims as "general damages" for pain and suffering and loss of amenity (PSLA). Solicitors quantify personal injury claims by reference to previous awards made by the courts which are "similar" to the case in hand. The [[Judicial College]]'s ''Guidelines for the Assessment of General Damages in Personal Injury Cases'' are adjusted following periodic review of the awards which have been made by the courts since the previous review.<ref>Lambert, J. (The Hon. Mrs Justice Lambert DBE), [https://www.judiciary.uk/wp-content/uploads/2022/07/DOC027-1-1.pdf Independent Inquiry into Child Sexual Abuse - Accountability and Reparations Investigation report: recommendations], letter to Alexandra Merity, Investigation Lawyer, [[Independent Inquiry into Child Sexual Abuse]], sent 7 February 2020, accessed 26 September 2022</ref>

The guidance which solicitors will take into account to help quantify general damages are:

;The age of the client: The age of the client is important especially when dealing with fatal accident claims or permanent injuries. The younger the injured victim with a permanent injury the longer that person has to live with the PSLA. As a consequence, the greater the compensation payment. In fatal accident claims, generally the younger deceased, the greater the dependency claim by the partner and children.
;The nature and extent of the injuries sustained: Solicitors will consider "like for like" injuries with the case in hand and similar cases decided by the courts previously. These cases are known as precedents. Generally speaking decisions from the higher courts will bind the lower courts. Therefore, judgments from the House of Lords and the Court of Appeal have greater authority than the lower courts such as the High Court and the County Court. A compensation award can only be right or wrong with reference to that specific judgment. Solicitors must be careful when looking at older cases when quantifying a claim to ensure that the award is brought up to date and to take into account the court of appeal case in [http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2000/84.html Heil v Rankin]<ref>{{cite BAILII | litigants = Heil v Rankin & Another | court = EWCA | division = Civ | year = 2000 | num = 84 | courtname = [[Court of Appeal of England and Wales|Court of Appeal]] }}</ref> Generally speaking the greater the injury the greater the damages awarded.
;Personal attributes and fortitude of the client: This heading is inextricably linked with the other points above. Where two clients are of the same age, experience and suffer the same injury, it does not necessarily mean that they will be affected the same. We are all different. Some people will recover more quickly than others. The courts will assess each claim on its own particular facts and therefore if one claimant recovers more quickly than another, the damages will be reflected accordingly. It is important to note here that "psychological injuries" may also follow from an accident which may increase the quantum of damages.

When a personal injury claim is settled either in court or out of court, the most common way the compensation payment is made is by a lump sum award in full and final settlement of the claim. Once accepted there can be no further award for compensation at a later time unless the claim is settled by provisional damages often found in industrial injury claims such as asbestos related injuries.