Key Facts
- •The claimant, Mr. John Smith, was injured in a road traffic accident caused by the negligence of the defendant, Ms. Jane Doe.
- •Mr. Smith suffered a broken leg and significant psychological trauma as a result of the accident.
- •Ms. Doe admitted liability for the accident.
- •The dispute centered on the quantification of damages, specifically in relation to Mr. Smith's claim for future loss of earnings and pain and suffering.
Legal Principles
The court must assess damages to compensate the claimant for their losses, putting them as far as possible in the position they would have been in had the tort not been committed.
Lord Blackburn in Livingstone v. Rawyards Coal Co. (1880) 5 App Cas 25
Damages for pain and suffering are assessed based on the severity and duration of the injury, considering factors such as the claimant's age, occupation, and overall impact on their life.
Heil v Rankin [2000] 1 AC 191
Future loss of earnings are assessed based on the claimant's probable future earnings had the accident not occurred, taking into account factors such as career progression, potential salary increases, and the possibility of alternative employment.
Blamire v South Cumbria Health Authority [1993] PIQR 1
Outcomes
The court awarded Mr. Smith £50,000 in damages for pain and suffering.
The court considered the severity of Mr. Smith's injuries, both physical and psychological, and the significant impact on his quality of life.
The court awarded Mr. Smith £100,000 in damages for future loss of earnings.
The court considered Mr. Smith's career prospects before the accident and the limitations imposed by his injuries. Expert evidence on future earning potential was taken into account.