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Tort: Defences and Remedies

Assessing personal injury damages and mitigation of loss

  • 3 things to know
  • Components 2 and 3

Overview

Multiplicand in a claim for future loss of earnings, periodical payments order and advantages of periodical payments over a lump sum.

What you need to know

Answer each one before you reveal it.

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Numbers

Are state benefits and insurance payments deducted from a personal injury award?

Key term

How is an award for personal injury divided up?

Key term

How are damages for pain, suffering and loss of amenity assessed?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    How is an award for personal injury divided up?

    Model answer

    An award for personal injury divides into special damages up to trial and general damages for the future. Each head of loss is calculated separately and then added together.

  2. 2

    How are damages for pain, suffering and loss of amenity assessed?

    Model answer

    A court assesses pain, suffering and loss of amenity using the Judicial College Guidelines. Comparable decided cases are also used, and the award reflects the severity and duration of the injury.

  3. 3

    What is the multiplicand in a claim for future loss of earnings?

    Model answer

    The multiplicand is the claimant's annual net loss of earnings. The figure is what the claimant would have earned, less anything that can still be earned.

  4. 4

    What is the multiplier?

    Model answer

    The multiplier is the number of years of future loss, adjusted for the early receipt of the money. Actuarial tables are used to arrive at the figure.

  5. 5

    Why is the multiplier not simply the number of years of loss?

    Model answer

    A lump sum received today can be invested and will earn a return. The multiplier is discounted so that the claimant is not over-compensated.

  6. 6

    Who sets the discount rate, and under what power?

    Model answer

    The Lord Chancellor prescribes the discount rate under the Damages Act 1996. The rate in England and Wales was set at minus 0.25 per cent in 2019 and raised to plus 0.5 per cent from 11 January 2025.

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