Injury Scale Values in practice
In a recent judgment in a compulsory third party (CTP) motor vehicle claim of Hunt v Lemura (2011), the Supreme Court applied the ISV scale to assess general damages.
The plaintiff claimed damages for personal injuries suffered as a result of a car accident. The plaintiff stated that the collision caused whiplash injuries which caused, and will continue to cause, significant loss however the nature and extent of the injuries was disputed by the CTP insurer.
The Court accepted that the injuries to the spine were only minor and assigned a modest Injury Scale Value (ISV) which capped the general damages award.
The Court also awarded a significantly lower award for future economic loss, despite the plaintiff not having returned to employment on the basis that she could have returned to work earlier.
Whilst this is a CTP claim, it demonstrates how the ISV scale is applied by the courts and can reduce general damages, especially for minor injuries. This approach has been incorporated in to the Worker’s Compensation and Rehabilitation Regulations for injuries from 1 July 2010.