Law Reform (Personal Injuries) Act 1948

2Measure of damages.

(1)In an action for damages for personal injuries (including any such action arising out of a contract), there shall in assessing those damages be taken into account, against any loss of earnings or profits which has accrued or probably will accrue to the injured person from the injuries, one half of the value of any rights which have accrued or probably will accrue to him therefrom in respect of industrial injury benefit, industrial disablement benefit or sickness benefit for the rive years beginning with the time when the cause of action accrued.

This subsection shall not be taken as requiring both the gross amount of the damages before taking into account the said rights and the net amount after taking them into account to be found separately.

(2)In determining the value of the said rights there shall be disregarded any increase of an industrial disablement pension in respect of the need of constant attendance.

(3)The reference in subsection (1) of this section to assessing the damages for personal injuries shall, in cases where the damages otherwise recoverable are subject to reduction under the law relating to contributory negligence or are limited by or under any Act or by contract, be taken as referring to the total damages which would have been recoverable apart from the reduction or limitation.

(4)In an action for damages for personal injuries (including any such action arising out of a contract), there shall be disregarded, in determining the reasonableness of any expenses, the possibility of avoiding those expenses or part of them by taking advantage of facilities available under the [9 & 10 Geo. 6. c. 81.] National Health Service Act, 1946, or the [10 & 11 Geo. 6. c. 27.] National Health Service (Scotland) Act, 1947, or of any corresponding facilities in Northern Ireland.

(5)In assessing damages in respect of a person's death in any action under the [9 & 10 Vict. c. 93.] Fatal Accidents Act, 1846, as amended by any subsequent enactment, or under the [22 & 23 Geo. 5. c. 36.] Carriage by Air Act, 1932, there shall not be taken into account any right to benefit resulting from that person's death.

(6)For the purposes of this section—

(a)the expression -" benefit" means benefit under the National Insurance Acts, 1946, or any corresponding Act of the Parliament of Northern Ireland ;

(b)expressions used in the National Insurance Acts, 1946, for any description of benefit under those Acts have the same meanings as in those Acts, except that they include also the like benefit, if any, under any corresponding Act of the Parliament of Northern Ireland ;

(c)an industrial disablement gratuity shall be treated as benefit for the period taken into account by the assessment of the extent of the disablement in respect of which it is payable.