Recognizing chronic pain in civil damages in Malta and the UK

Abstract

The aim of this dissertation is to highlight the way chronic pain has been treated in the Maltese Courts and to provide an in-depth analysis of the Maltese Civil Code as well as Maltese jurisprudence. The rationale behind the method of compensation and under which category compensation for chronic pain may be awarded will be highlighted. This dissertation shall also show the approach taken in the United Kingdom with regard to chronic pain and the way it enters the legal category. A comparative analysis to the current Maltese position will be made, concluding with any recommendations for the local framework. Harm may go beyond the pecuniary – this dissertation will highlight and analyse how a person ought to be allowed to claim compensation for any impairment he might face with particular emphasis on claims for non-pecuniary losses, in terms of pain and suffering.