How are damages calculated?
Pain and suffering damages, as the name suggests, are awarded for the pain, suffering and loss of enjoyment of life experienced as a result of the injuries. There is no yard stick or scale that applies to the assessment of pain and suffering damages. The personal circumstances of the accident victim are considered in detail in assessing these damages. Every case is different. Expert legal advice is required in order to determine the likely award of pain and suffering damages in a TAC common law claim. Pecuniary loss or damages for income loss (past and future) can only be awarded for income lost from the 18 month anniversary of the accident up until the time the claim is resolved. You are entitled to recover the nett (after tax) income that you would have earned during the relevant period had the accident not occurred. You are also entitled to recover damages for future impairment of earning capacity. Again, the assessment of lost earning capacity damages is based upon the personal cir
