Jurisdiction(s):
United Kingdom

Key definition

Damages definition

What does Damages mean? In legal practice, damages are a money award ordered by a court to compensate a claimant (England & Wales, Northern Ireland) or pursuer (Scotland) for loss caused by breach of contract, tort/delict or a statutory wrong. The remedy is developed mainly by case law across the UK and Ireland, with some statutory modification. The aim is primarily compensatory: in tort/delict, to put the person in the position they would have been in but for the wrong; in contract, to protect the expectation interest (and sometimes the reliance interest). Heads of loss include general and special damages (common in personal injury),...

Quantifying Serious Brain Injury Claims: PSLA, Heads of Pecuniary Loss, Expert Evidence, Witness Statements, and Rehabilitation, Care and Accommodation Costs

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Practice notes

General damages

General damages refer to losses that cannot be measured with precision, so a fair figure must be assessed. They cover non-pecuniary harm (past and future)—including pain, suffering and loss of amenity (PSLA)—as well as future pecuniary loss. For fuller explanations of general and Special damages, see Practice Note: Common recoverable losses in personal injury cases—What are general damages and special damages?

PSLA is valued in light of the medical evidence. Because clinicians do not have the same day-to-day contact with the claimant as close relatives, friends and support staff, it is crucial that experts are told—clearly and systematically in witness statements—about the difficulties observed by those supporting the claimant. This enables experts to gain the clearest picture of the claimant’s problems and to produce reports that are as thorough as possible. Life expectancy will influence the level of general damages. See Practice Note: Pain, suffering and loss of amenity (PSLA).

Past and future pecuniary loss

Common heads of claim in serious brain injury matters include:

care
case management
neuropsychology
neuropsychiatry...

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Caroline Klage

Bolt Burdon Kemp

Caroline developed and heads up the eight-strong child brain injury team at Bolt Burdon Kemp, where she has been a partner since 2006. Caroline specialises in cases involving child brain injury and has achieved strong results in a number of high value and complex matters. She feels privileged to act exclusively for children who have sustained brain injury due to substandard medical treatment or as a result of a traumatic accident including road traffic accidents. Caroline champions a pro-active, practical and holistic approach. Her priority is to ensure her clients receive rehabilitation at the earliest possible opportunity to maximise their chances of achieving the optimum outcome whilst providing essential and effective support to her clients' families. She works closely with her clients' families, schools and healthcare professionals to ensure their complex needs are well met so that they can flourish...

Web page updated on 21/05/2026

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