By law, if the injured person is not at fault, the party at fault is liable to compensate for the injuries caused. The law requires putting the claimant back in the position they would have been in if the injury had not occurred. The damages awarded can include compensation for pain and suffering, loss of earnings, medical expenses, and other related costs.
The law on the calculation of damages in personal injury cases is set out in the Civil Liability Act 2018. The Act introduced a new system for calculating damages for whiplash injuries and other minor injuries, which sets out fixed compensation amounts. For more serious injuries, the court will consider various factors when determining the amount of compensation, including the nature and extent of the injuries, the claimant’s age, and their future care needs.