In short, the Court found that the Minor Injury Cap impacts on the human dignity of a person who suffers a whiplash injury by limiting his or her ability to have a court assess and award general damages
commensurate with that person's individual circumstance.
In contrast to awards made in other jurisdictions, typically the USA, awards for general damages
in this country tend to be rather low.
2) The alarm sounded over general damages
awards is in part attributable to the sheer size of these awards.
Reasonable persons frequently disagree about the measure of general damages
in a particular case.
The Court of Appeal reduced the general damages
, awarded in the High Court in 1995, from pounds 100,000 to pounds 40,000.
The lawsuit asks the court to award the plaintiffs damages for wage loss, medical expenses and other general damages
, as well as punitive damages.
News say he is claiming $16,468 [EUR13,141] in medical expenses as well as suing for lost wages, general damages
and property damage.
It includes the amounts of general damages
, past economic loss, future impairment of her earning capacity to age 65 and medical expenses.
Although solicitors representing Mr Coxon refused to reveal the size of the industrial compensation package, the current Judicial Studies Board guidelines for general damages
are recorded as pounds 47,850 to pounds 74,300.
In personal injury claims under the general tort law of Canada, non-pecuniary general damages
are recoverable as compensation for pain and suffering and for loss of the amenities of life.
The report showed up to the end of March 31 this year it had 15 cases classed as ``certain'' for pay outs with general damages
of over half a million and special damages of more than pounds 1m.
Suit seeks general damages
of $80,000 and special damages to be determined at trial.