Pain, Suffering and Loss of Amenity

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Advanced Legal Method (Brief) Pain, suffering, loss of amenity This heading of damages is usually under general damages. Since this is a non-pecuniary loss, there is no exact figure to impose on it. The level of damages varies from different claimants. Here, VR will be able to claim damages for the pain, suffering and loss of amenity as a result of suffering the injuries from the accident. The range of damages that will be here has been subjected to the 10% increase in general damages as decided in the case of Simmons v Castle.[1] Firstly, VR suffered contusions to his forehead. He was kept overnight at the hospital, had mild nausea for 2 days and 2 weeks of headaches which responded well to normal doses of paracetamol. He recovered fully by 26th May. According to the Judicial College Board Guidelines (JCB) this will be classified as a minor head injury and damages would range from £1,788 to £10,340. Lowest end of the bracket reflects on full recovery within a few weeks. VR recovers from the injury within 3 weeks. He would probably receive around £1,800 as compensation for pain and suffering. VR does not suffer any loss of amenity Secondly, VR also had a simple undisplaced fracture of nose. According to the JCB Guidelines, damages under fractures of nose without displacement will be in the range of £1,375 to £2,035. Since there was no permanent damage to VR’s nose, he would not have any loss of amenity. He could to get about £1,400 as compensation for pain and suffering. Finally, VR sustained crush injury to his right hand. Initial treatment alleviated pain and discomfort but he had to undergo further operation. After the operation, doctor said that VR will never recover full dexterity in that hand. The loss of use is about 10% use of the hand. This will most likely be classified as Moderate Hand Injury under the JCB Guidelines. Damages would range from £5,060 to £10,725 where top of the bracket is appropriate where permanent disability remains after surgery. The injury had continuing impact to his hand and gives VR difficulty in counting money, writing and some types of carving motion. His hand also gets stiff and uncomfortable in the cold which puts him off his former hobby of owl watching which he used to do twice a month. Since the injury has impacted VR significantly, he would probably receive damages at the top end of the bracket which is £10,725 for the pain, suffering and loss of amenity he has to endure. The total damages that VR would get for pain, suffering and loss of amenity would be £13,925. Special Damages Firstly, VR will be able to claim for his partner, MsCarter’s loss of wages due to taking 10 days unpaid leave to provide care and support for him. MsCarter earns £420.60 per week and since she lost wages for two working weeks this amounts to a total loss of £841.20.

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