Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

General damages definition

What does General damages mean? General damages are monetary awards for non‑pecuniary harm that cannot be proved by bills or exact calculation. In practice they cover pain, suffering and loss of amenity (PSLA) in personal injury and clinical negligence, and reputational harm, distress and loss of dignity in defamation and privacy claims. Courts assess them on the evidence and by reference to comparable awards, rather than expenditure. The term is descriptive and developed in case law. In England & Wales, quantum is guided by the Judicial College Guidelines; in Northern Ireland by the Green Book (JSB Guidelines); and in Ireland by the Personal Injuries...

Fatal accident damages in England and Wales: LR(MP)A 1934 estate claims; FAA 1976 dependants’ claims; PSLA pre-death; bereavement awards; dependency (financial and services); burden of proof

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Practice notes

Elements of a fatal accident claim

There are two strands to a fatal accident claim:

Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) allows the deceased’s Estate to bring claims for:
- pain and suffering in the period between injury and death (see ‘Pain, suffering and loss of amenity (PSLA) pre-death’)
- any financial loss the deceased incurred from the accident date up to death
- funeral expenses, where these were paid by the estate
Fatal Accidents Act 1976 (FAA 1976), as amended, enables dependants to claim for:
- their losses, including:
  - financial support previously provided by the deceased
  - dependence on the deceased’s services
  - the ‘intangible’ benefits of a spouse/parent—see Practice Note: Quantifying Damages for dependants—past losses—services—Additional award for ‘intangible’ loss of services provided by a partner/parent)
- funeral costs if met by the dependants
- bereavement damages for a limited class of individuals (see below and Practice Note: Claims involving a fatality—heads of damage—FAA 1976—statutory bereavement award)...

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Web page updated on 21/05/2026

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