Quantum, a term commonly used in law to refer to the amount of money payable in damages (especially in respect of a personal injury claim), is assessed on a case by case basis depending on many factors including the severity of the injury and its lasting effects (if any). Whilst estimating quantum in personal injury cases is not an exact science and there is no specific formula, with the guidance of the Judicial College Guidelines (JCG) (a text generally referred to by the Courts in determining the value of award to make in injury cases) and reference to case law, it is possible to attain a good estimate of the value of the injury.

When quantifying scarring, the severity of the scar will largely determine the amount of compensation an individual may receive, but that is not the only factor. The location of the scar is also key. Facial scars often merit higher levels of compensation than those on other parts of the body. Why? Because of the greater cosmetic impact facial scarring tends to have. They are much more visible to others.

For some, facial scarring can be distressing (and the presence of visible scarring may even justify a further award for psychological harm if a recognised psychological disorder is diagnosed) and create social difficulties, affecting self-esteem and possibly even career prospects (with the further result that added damages for potentially lost future earnings may be made). Where scarring is visible, compensation will tend to be higher, especially if it is classified as a readily visible disfigurement.

Other factors to consider in assessing the quantum of any scarring on the body (according to the JCG), will include:

• The nature of the scarring, including the length and diameter
• The age of the claimant

• The cosmetic impact, including the extent to which it is visible

• The extent of treatment required and any treatment advised

• Any resulting physical disability

• Psychological effects

• Any adverse effects on the claimants social, domestic, and work life

In personal injury claims, it is very unusual for two individuals to have exactly the same claim. The JCG provides helpful guidance but assessing quantum must always be done on a case-by-case basis to ensure that each individual’s unique circumstances are considered.

M&P Legal have advocates on hand who are used to dealing with sensitive and complex personal injury cases. The author, Finnola Martin is a trainee Advocate at M&P Legal with an interest in, amongst other things, personal injury cases. She can be contacted via email at ftm@mplegal.im. This article does not constitute legal advice and specific advice should be sought for individual circumstances.

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