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15

General damages for pain and suffering

The part of compensation called ‘general damages’ compensates an 

injured person for his pain and suffering. It also compensates for the 

impact the injury has had on someone’s quality of life, called ‘loss of 

amenity’. This compensation is not about paying for care, or financial 

loss, but is an acknowledgment that what happened should not have 

happened.  

“We cannot put people back where they were, we cannot magic the 

injury away, so how else could the wrong be acknowledged if not 

with a monetary payment?” says APIL senior litigator Jane McBennett. 

The level of general damages for pain and suffering for each type of 

injury is set by judges (see examples). The guidelines are a judge’s 

first port of call when assessing how much an injured person should 

receive in general damages.

The money is not a windfall. Consider how much money you would 

accept in return for being in pain every day. Would it be worth it 

to not be able to do all the things you used to do before you were 

injured? What would losing a limb, or your sight, be worth to you?

“The biggest misconception about personal injury is that people 

make a claim simply because they want cash,” said APIL president 

Brett Dixon. “In my experience, they would much rather it had never 

happened. I’ve lost count of the number of times an injured person 

has said to me ‘I’d rather just be the way I was’.” 

What is the price for being injured?

Shoulder injuries. 

With considerable pain but where a full 

recovery is made in less than two years.

Mental anguish. 

The fear suffered by a parent for the impending 

death/reduced life expectancy of their young 

child for up to three months.

Multiple fractures.

To facial bones involving some facial defomity.

Complete loss of sight in one eye. 

Lung disease. 

For a young person with a serious disability 

where there is a possibility of progressive 

worsening leading to premature death.

Loss of one leg above the knee.

Total blindness AND deafness.

Very severe brain damage. 

There may be some ability to follow basic 

commands. There will be little, if any, evidence 

of meaningful response to their surroundings, 

little or no language function, double 

incontinence and the need for full-time nursing 

care.

According to Judicial College Guidelines for the 

assessment of general damages in personal injury cases, 

Oxford University Press, 14

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edition.

£3,810 - 6,920

£4,100

£13,080 - 21,000

£43,200 - 48,080

£84,150 - 113,580

£88,270 - 119,210

£354,260

£247,280 - 354,260