Australia Law : Remedies - Research Paper Example

The formula for calculating damages for personal injuries in New South Wales is determined by a number of relevant factors. Common law principles together with statutory provisions have set down applicable standards for calculating appropriate damages resulting from personal injuries. The damages can range from pain and suffering, loss of amenities to actual and anticipated pecuniary loss. In determining under what head of damages a particular loss falls under, a lot will depend on the plaintiff and his or her relationship with the defendant and the extent of liability.

In many instances the number of damages generally awarded will be determined by a number of variants applicable to the defendant. For instance, not only will the defendant’s damages award be affected if he is liable for contributory negligence, factors such as gender and age can come into play. When general damages are assessed in the New South Wales jurisdiction a number of contingencies are relevant for determining just and fair compensation. The relevant factors are loss of earning capacity, loss of domestic capacity, loss of capacity to enjoy life, the estimated cost of adjustments to the injury, physical and mental trauma associated with the injury, loss of life expectancy, and collateral benefits.

This damages regime is a difficult task as it requires not only a diagnosis of present circumstances but a prognosis. While fully understanding present circumstances and facts, the damages awarded will have to rely on the likely future status of the injury as well as surrounding circumstances that are likely to have an impact on the cost of addressing the future treatment of the injury. It is difficult to know in advance what the state of the economy will be in the future. Therefore a reasonable sum today may not be reasonable in the future.

As a result, New South Wales makes provision for such situations. Notably, interim and provisional payments are designed to make the task of calculating damages less erroneous.