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].