Classification Of Damages

In personal injuries cases, any personal injury lawyer will confirm that damages are divided into pecuniary and non-pecuniary losses. Pecuniary damages are those that can be estimated in monetary terms by a personal injury lawyer, such as loss of earnings, medical and other expenses. Non pecuniary damages which is understood in the perspective of a personal injury lawyer cover intangibles such as loss of physical amenity, pain, shock and suffering.


Form And Basis Of The Award

The duty of a personal injury lawyer involves encouraging the judge to “consider” in his direction. As the judge is required to itemize the award, showing how much has been awarded for each head of loss can be tricky for personal injury lawyer. The reason for this is that different rates of interest are applied to pecuniary and non-pecuniary damages. The advantage of the system in practical terms is that practitioners are aware of the going rate for each type of loss and this encourages out-of-court settlement.


Any personal injury lawyer will strive for the basis of the award, which is full compensation. The plaintiff must be compensated for all pecuniary losses which he has suffered as a result of the tort. The system compensation is subject to two particular criticisms. A high court is involved for small claims. This could be avoided by excluding compensation for the first few days. Second, there is no incentive for the victim to recover and return to work.

• Classification Of Damages
• Compensatory Damages For Personal Injuries