For a non-fatal claim
a) Damages for pain, suffering and loss of amenities (“PSLA”)
In assessing a PSLA award, the Court takes into account previously decided cases of comparable injury as a guideline for the level of awards. The claimant's age, previous and current medical condition, length of hospitalization, the impact of the injuries, the kind and number of treatments or operations received, cosmetic or facial injuries, and psychological problems will be considered.
b) Loss of earnings
Depending on the severity of the injuries sustained, the claimant is entitled to claim in full for loss of earnings during the sick leave period and for any subsequent loss of earnings (full or partial) that may be caused by disability resulting from the injuries sustained in the accident. The claimant's age and the earnings of comparable workers are also relevant in determining claims for loss of earnings. Any income that is earned by the claimant after the accident will be taken into account when assessing the claimant's entitlement to claim for loss of earnings.
c) Other special damages (miscellaneous expenses)
The claimant is entitled to be compensated for other amountsthat are reasonably incurred as a result of the accident. Common items include hospital fees, private doctor's expenses, tonic food expenses and travelling expenses. On occasion, claims for other damages can be made based on the particular needs of the claimant, such as expenses for certain equipment, subject to their need and reasonableness being established.
d) Interest on the above damages
e) The claimant’s legal costs