16Determination of damages for non-economic loss

#### 16 Determination of damages for non-economic loss 16 Determination of damages for non-economic loss > > (1) No damages may be awarded for non-economic loss unless the severity of the non-economic loss is at least 15% of a most extreme case. > > > (2) The maximum amount of damages that may be awarded for non-economic loss is $350,000, but the maximum amount is to be awarded only in a most extreme case. > > > (3) If the severity of the non-economic loss is equal to or greater than 15% of a most extreme case, the damages for non-economic loss are to be determined in accordance with the following Table— > > > > 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 | > > > (4) An amount determined in accordance with subsection (3) is to be rounded to the nearest $500 (with the amounts of $250 and $750 being rounded up). > > 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. > > **s 16:** Am 2002 No 92, Sch 2 \[7\]; 2008 No 84, Sch 1 \[3\].