sec.61Assessment by court of injury scale

### sec.61 Assessment by court of injury scale If general damages are to be awarded by a court in relation to an injury arising after 1 December 2002, the court must assess an injury scale value as follows— the injured person’s total general damages must be assigned a numerical value ( injury scale value ) on a scale running from 0 to 100; the scale reflects 100 equal gradations of general damages, from a case in which an injury is not severe enough to justify any award of general damages to a case in which an injury is of the gravest conceivable kind; in assessing the injury scale value, the court must— assess the injury scale value under any rules provided under a regulation; and have regard to the injury scale values given to similar injuries in previous proceedings. If a court assesses an injury scale value for a particular injury to be more or less than any injury scale value prescribed for or attributed to similar particular injuries under subsection (1) (c) , the court must state the factors on which the assessment is based that justify the assessed injury scale value. s 61 amd 2004 No. 23 s 77 (sec.61-ssec.1) If general damages are to be awarded by a court in relation to an injury arising after 1 December 2002, the court must assess an injury scale value as follows— the injured person’s total general damages must be assigned a numerical value ( injury scale value ) on a scale running from 0 to 100; the scale reflects 100 equal gradations of general damages, from a case in which an injury is not severe enough to justify any award of general damages to a case in which an injury is of the gravest conceivable kind; in assessing the injury scale value, the court must— assess the injury scale value under any rules provided under a regulation; and have regard to the injury scale values given to similar injuries in previous proceedings. (sec.61-ssec.2) If a court assesses an injury scale value for a particular injury to be more or less than any injury scale value prescribed for or attributed to similar particular injuries under subsection (1) (c) , the court must state the factors on which the assessment is based that justify the assessed injury scale value. - (a) the injured person’s total general damages must be assigned a numerical value ( injury scale value ) on a scale running from 0 to 100; - (b) the scale reflects 100 equal gradations of general damages, from a case in which an injury is not severe enough to justify any award of general damages to a case in which an injury is of the gravest conceivable kind; - (c) in assessing the injury scale value, the court must— (i) assess the injury scale value under any rules provided under a regulation; and (ii) have regard to the injury scale values given to similar injuries in previous proceedings. - (i) assess the injury scale value under any rules provided under a regulation; and - (ii) have regard to the injury scale values given to similar injuries in previous proceedings. - (i) assess the injury scale value under any rules provided under a regulation; and - (ii) have regard to the injury scale values given to similar injuries in previous proceedings.