Solatium meaning

In legal practice, solatium describes a compensatory award for non-pecuniary harm—pain, suffering, loss of amenity, distress or injured feelings—resulting from a civil wrong. Scotland: Solatium is a term of art in delict. It covers non-patrimonial loss in personal injury and analogous wrongs (including defamation and privacy), and, for relatives, grief and loss of society under the Damages (Scotland) Act 2011. It is distinct from patrimonial loss (for example, wage loss and expenses) and is assessed by the court by reference to case law and guideline figures. England & Wales and Northern Ireland: The term is not generally used. Equivalent recovery is under general damages for pain, suffering and loss of amenity, damages for injury to feelings (for example, discrimination, harassment or data protection), and the statutory bereavement award (Fatal Accidents Act 1976; Fatal Accidents (Northern Ireland) Order 1977). Any use of “solatium” is descriptive rather than statutory. Ireland: “Solatium” is used in the Civil Liability Act 1961 to denote the fixed-sum award for mental distress to certain dependants in fatal injury claims. Non-pecuniary damages for personal injury remain general damages. Practically, solatium-type damages compensate non-financial loss, are not punitive, and are pleaded and assessed separately from pecuniary loss.