chapter  14
DAMAGES FOR PERSONAL INJURIES AND DEATH
Pages 24

When tort liability has been established, the court’s next task is to assess the amount (the ‘quantum’) of damages which the defendant must pay to the plaintiff by way of compensation.1 In the Caribbean, most personal injury claims are in negligence, and the vast majority of such injuries occur in road accidents. Damages in personal injury actions are classified as general or special. General damages are awarded for those items which cannot be precisely quantified in money terms, such as pain and suffering and loss of amenities, whilst special damages can be precisely calculated.