Harm in the form of 'reduced life expectancy' occurs when a plaintiff's life expectancy is shortened because of an injury sustained. Damages under this head compensate the plaintiff for being deprived of part of their life. But in Skelton v Collins (1966) 115 CLR 94, Kitto J pointed out that it is very difficult to assess damages for this type of harm. He said (at 96):
"It is hard enough to fix compensation in money for injuries complained of by living persons; hard enough, for example, to fix an appropriate amount for pain and suffering, including the distress that arises from the knowledge that life has been shortened; but what estimate of life itself do you adopt in order to put a figure on a period of living objectively considered?"
The High Court therefore decided that only modest awards should be made to compensate for loss of life expectancy. It has also been held that the award should not vary in relation to the age of the victim or the number of years by which their life expectancy may have been reduced. The amount of damages varies only to take account of changes in the value of money over time.
|