Introduction: In a recent landmark decision, the Supreme Court delivered a judgment with far-reaching implications for thousands of personal injury claims across the UK. The case of Hassam and another v Rabot and another [2024] UKSC 11 has provided clarity on the assessment of damages for pain, suffering, and loss of amenity (PSLA) in instances where both whiplash injuries (WLI) and non-whiplash injuries (NWI) are sustained in a road traffic accident.
Background: The Civil Liability Act 2018 introduced significant reforms to the compensation process for WLI caused by negligent driving. Under these reforms, the amount awarded for PSLA related to WLI was fixed at a tariff amount, which differs only based on the duration of the WLI and is notably lower than traditional common law damages.
In the cases of Mr. Rabot and Mr. Briggs, both claimants suffered from WLIs and NWIs in separate car accidents. The District Judge initially assessed damages for PSLA caused by both types of injuries, leading to appeals and cross-appeals regarding the appropriate method of calculating compensation.
Judgment: The Supreme Court unanimously dismissed the appeals and cross-appeals, affirming the approach adopted by the majority of the Court of Appeal. Lord Burrows, delivering the judgment, outlined the correct method for assessing damages for PSLA concurrently caused by WLIs and NWIs.
Reasoning: The Court rejected the “first approach,” which sought to limit PSLA damages to exclusively NWIs, as it would require unrealistic precision from claimants and could result in lower compensation for both types of injuries. Similarly, the “second approach,” which ignored overlapping PSLA, was deemed inadequate as it would lead to overcompensation.
Instead, the Court endorsed the “third approach,” which involves assessing the tariff amount for WLIs and common law damages for NWIs separately, adding them together, and making adjustments to avoid over- or under-compensation.
Conclusion: The decision in Hassam v Rabot provides clarity on the assessment of damages for PSLA in cases involving both WLIs and NWIs. By affirming the third approach, the Supreme Court has upheld the principles of fairness and consistency in compensation awards while respecting the legislative intent behind the Civil Liability Act 2018.
This judgment serves as a crucial guide for legal practitioners, claimants, and defendants navigating personal injury claims involving mixed injuries. It underscores the importance of a balanced approach to compensation that considers the unique circumstances of each case while ensuring fair redress for the injured parties.