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NOTE: On 2 December 2024, the Lord Chancellor confirmed a move to a +0.5% discount rate, effective from 11 January 2025. Under Schedule A1 to the Damages Act 1996, subsequent reviews must take place within five years of the end of the prior review, meaning the next review must start on or before 2 December 2029. General damages—PSLA General damages are awards that cannot be calculated with precision; instead, a suitable figure is assessed. They cover: non-pecuniary loss (past and future) for pain, suffering and loss of amenity (PSLA), handicap in the labour market, loss of congenial employment, loss of convenience, etc future pecuniary loss, eg future loss of earnings, future care, etc In dental claims, general damages will also reflect the need to undergo remedial dentistry. For a more detailed definition, see Practice Note: Common recoverable losses in personal injury cases—What are general damages and special damages? The starting point for valuing PSLA is the Judicial College Guidelines (JCG) (formerly...
Basis for valuing the loss How can an injury be expressed as a sum of money? There is no set formula that can price the loss of an arm or the ability to smell. Damages for pain, suffering and loss of amenity (PSLA) are granted for physical and/or psychiatric harm and cover the past, present and future. A single overall figure is awarded, but it can be viewed in two elements: pain and suffering — the claimant’s subjective experience of pain and distress loss of amenity — the diminished capacity to carry out everyday activities A claimant is compensated for the consequences of the injury, including being unable to enjoy a full life. The level of PSLA is assessed by reference to the Judicial College Guidelines (JCG) and comparable cases. If a claimant has sustained multiple injuries, the court may set out a breakdown of the PSLA to show the amount attributed to each injury, or to explain any reduction applied to...