English law

Introduction

In addition to general damages for pain, suffering and loss of amenity an injured individual will be compensated for pecuniary loss suffered by him as a direct consequence of his injuries and residual disabilities. The various heads of loss are considered later in this chapter. In essence they fall into two categories; monies which the claimant would have received but for the accident, and expenditure which he would not have incurred but for the accident. The court, inevitably, is involved in a degree of speculation. It is incumbent upon the claimant to prove, on the balance of probabilities, what would have happened in the future or what is likely to have happened in the future. The court considers the position as it is at the date of trial and makes its assessment at that date. Save in one exceptional case neither side has the opportunity to return to court to review the level of damages. Once the damages are paid it is entirely a matter for the claimant how the money is spent. The defendant is not entitled to insist that the money be used for any specific purpose nor is he entitled to return to court to complain that the claimant has not, in fact, done what he said he was going to do in the course of the evidence.