Generally, when someone suffers a personal injury due to an accident or negligence in the Isle of Man (for which they were not wholly responsible), they may be able to claim compensation. That compensation is awarded under two heads: general damages (non-monetary losses, such as pain and suffering, loss of enjoyment of life, psychological distress etc) and special damages (pecuniary losses such as for damaged equipment, loss of earnings during recuperation, expenses for care and assistance etc). This article outlines the process for calculation of general damages only, which can be complex involving, as it does, assigning a monetary value to what can be a unique set of injuries and/or sequalae.

Legal basis for recovery

In the Isle of Man, personal injury claims are generally governed by common law principles, similar to those applied in England and Wales. The Isle of Man has its own legal system, but often refers to precedents and guidelines used in the UK courts to determine compensation levels, subject to some local nuances. That said, English solicitors have no rights of audience before the Manx Courts and so may not commence personal injury (or any) claims. To avoid legal costs complications therefore it is necessary to instruct a Manx Advocate.

The Judicial College Guidelines

Courts in the Isle of Man frequently consult the Judicial College Guidelines (JCG). These guidelines provide a range of monetary values for different types of injuries, depending on their severity and impact. Figures in the JCG are calculated based on past court decisions across England and Wales. These decisions are assessed and aggregated to establish typical compensation ranges for various types of injuries. The guidelines are updated regularly to reflect changes in case law, inflation, and evolving attitudes towards compensation. This ensures that, so far as is possible, awards remain fair and consistent.

What is considered when calculating general damages

Several factors are taken into account when assessing the quantum of general damages:

• Severity of the Injury: The nature and seriousness of the injury are crucial. Advocates and the Court will evaluate medical evidence, including reports from doctors and specialists, to understand the extent of the harm.

• Duration of Recovery: How long recovery takes or whether it results in long-term or permanent effects.

• Impact on Daily Life: An injury which seriously affects a claimant's ability to work, socialise, or enjoy hobbies are likely to attract higher damages.

• Pain and Suffering: To assess the level of physical and emotional distress caused by the injury.

• Comparable Cases: Where possible a review of pervious cases involving similar circumstances, or which at least considered elements of injuries consistent with that of the Claimant, is essential.

Evidence

To support a claim for general damages it is necessary to evidence both the injury and loss in detail. That may include obtaining:

• Medical Reports/Expert opinion: These outline the nature, severity, and prognosis of any given injury.

• Witness Statements: Testimonies from the claimant and others may illustrate the impact of the Claimant’s injury on daily life.

How damages are paid

Depending on the size of damages awarded, and also factors such as the severity of the injury, including whether long term care is required as a result, damages may be awarded as a lump sum or by way of a periodical payment order (a regular payment made for the lifetime of the Claimant).

M&P Legal have advocates on hand who are used to dealing with sensitive and complex personal injury cases. The author, Damian Molyneux is a director of M&P Legal specialising in, amongst other things, fatal and catastrophic personal injury cases. He can be contacted on dpm@mplegal.im. This article does not constitute legal advice and specific advice should be sought for individual circumstances.

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