WHAT PRICE DISABILITY? A PERSPECTIVE ON THE LAW OF DAMAGES FOR PERSONAL INJURY

Abstract

In the absence of any satisfactory set of rules for determining the quantum of damages in personal injury cases, this article examines various concepts of reform according to both basic and subsidiary principles. Part one focuses on the concepts of “full compensation” and “functional compensation” as methods of honouring the principle restitutio in integrum. Part two considers the “periodic payment” model and whether any or all of these concepts satisfy subsidiary principles relating to the form of the award, the component method of categorizing loss, use of actuarial and economic evidence, calculation of present worth, allowance for future taxation, deduction for contingencies, type of care required, the effect of family care, lost earning capacity, avoidance of double compensation, collateral benefits and non-pecuniary loss.