Civil Liability Act 2002

Table

Severity of the non-economic loss (as a proportion of a most extreme case)

Damages for non-economic loss (as a proportion of the maximum amount that may be awarded for non-economic loss)

15%

1%

16%

1.5%

17%

2%

18%

2.5%

19%

3%

20%

3.5%

21%

4%

22%

4.5%

23%

5%

24%

5.5%

25%

6.5%

26%

8%

27%

10%

28%

14%

29%

18%

30%

23%

31%

26%

32%

30%

33%

33%

34%–100%

34%–100% respectively

Note.

The following are the steps required in the assessment of non-economic loss in accordance with this section—

Step 1: Determine the severity of the claimant’s non-economic loss as a proportion of a most extreme case. The proportion should be expressed as a percentage.

Step 2: Confirm the maximum amount that may be awarded under this section for non-economic loss in a most extreme case. This amount is indexed each year under section 17.

Step 3: Use the Table to determine the percentage of the maximum amount payable in respect of the claim. The amount payable under this section for non-economic loss is then determined by multiplying the maximum amount that may be awarded in a most extreme case by the percentage set out in the Table.

Where the proportion of a most extreme case is greater than 33%, the amount payable will be the same proportion of the maximum amount.