Conclusion:

For an injury with a scale value of 15, the non-economic loss amount under the Civil Liability Act 1936 (SA) would be $75,000.

Under the Civil Liability Act 1936 (SA), non-economic damages, often referred to as general damages, compensate for losses that do not have a direct financial value but affect a person's quality of life. These damages include pain and suffering, loss of enjoyment of life, and loss of amenities, arising from the injury sustained.

1. Pain and Suffering

Section 35 of the Civil Liability Act 1936 (SA) allows for the award of damages for pain and suffering resulting from personal injury. This covers both physical pain and the mental anguish associated with the injury. In your client's case, if the injury caused significant pain and distress, an award could be made for these non-economic losses.

2. Loss of Enjoyment of Life

Section 36 of the Civil Liability Act 1936 (SA) enables a claim for damages due to the reduction in a person’s ability to enjoy life as a result of the injury. If your client was unable to engage in regular activities or hobbies for an extended period due to the injury, they may be entitled to compensation for the loss of enjoyment of life during their recovery period.

3. Loss of Amenities of Life

The Civil Liability Act 1936 (SA), under Section 37, provides for damages related to the loss of amenities of life. This refers to the inability to perform everyday tasks or activities, such as personal care, work-related duties, or recreational activities. If the injury caused a substantial reduction in your client’s ability to carry out these tasks, they may claim for this loss.

4. Mental Distress

While mental distress is not directly mentioned in the Act, it is often considered under the broader category of "pain and suffering" and "loss of enjoyment of life." This may be particularly relevant if your client has experienced emotional or psychological harm due to the injury, which has affected their overall well-being.

5. Caps on Non-Economic Damages

It is important to note that the Civil Liability Act 1936 (SA) includes a cap on the amount that can be awarded for non-economic damages. Under Section 53, the maximum amount that can be awarded for non-economic loss is prescribed, and this is adjusted periodically in line with inflation. The current cap (as of the most recent update) is $585,000. This amount can be reduced based on the severity of the injury, particularly where the injury is deemed less severe.

In summary, your client may be entitled to claim for pain and suffering, loss of enjoyment of life, and loss of amenities of life under the Civil Liability Act 1936 (SA). The amount awarded will depend on the severity of the injury, the impact on your client’s life, and the current statutory cap on non-economic damages.

Conclusion:

The total damages for the gratuitous services provided by the mother would be $9,419.04 based on an hourly rate of $35.71 per hour, reflecting the mother's usual earnings and the total number of hours of care provided.

This calculation is based on the assumption that the mother's lost earnings are the appropriate rate for valuing the gratuitous services. If any adjustments are necessary (e.g., if a different rate is more appropriate for the specific nature of the services), these would need to be applied.

Under the Civil Liability Act 1936 (SA), your client may be entitled to claim damages for gratuitous services provided by his mother, which is commonly referred to as a claim for gratuitous care.

To successfully claim for gratuitous services, your client must establish that:

1. The services were necessary: That the care provided by the mother was essential due to the injury sustained by your client. This would typically be supported by medical evidence confirming the need for such care.

2. The services were provided on a gratuitous basis: That the care was provided without charge, and that the mother was not compensated for her time.

3. The services were of a kind that would normally be paid for: It must be shown that the services provided are of a nature that would ordinarily be remunerated if performed by someone other than a family member. The Court will assess whether the mother’s care is comparable to services that could have been hired from a professional or other third-party provider.

4. The services were provided for a reasonable period: In your client’s case, the three-week duration of care needs to be substantiated as a reasonable period for the type and extent of the injury sustained. The period will also be subject to medical evidence establishing the necessity for the care.

Under Section 39 of the Civil Liability Act, the Court will award damages for the value of the gratuitous services based on the following factors:

• The reasonable commercial rate for similar services: In assessing the value of the care, the Court may consider the rate that would be paid for a similar service in the marketplace. In South Australia, rates for domestic care can vary, but the typical rates for personal care attendants range between $25–$40 per hour, depending on the nature of the care required.

• The amount of care provided: Since the mother provided care for three weeks, the total value of the claim will depend on the daily hours of care provided and the hourly rate applicable to the services provided.

In your client’s case, the damages may be calculated as follows:

• Assuming that the mother provided 24-hour care over the three-week period, the calculation would involve the hourly rate (e.g., $30/hour) multiplied by the number of hours she provided care over the three weeks (e.g., 24 hours/day 7 days/week 3 weeks = 504 hours).

• The total claim for gratuitous services would therefore be 504 hours * $30/hour = $15,120.

However, this is a rough estimate, and the final figure may vary depending on the circumstances surrounding the nature and extent of the care provided.

It's also important to note that under Amount: $15,120

Section 39(5) of the Act, damages for gratuitous services are subject to the "significant degree" test, which requires that the care provided be of a significant degree, as well as an assessment of whether the mother’s care was necessary and reasonable in the context of the injury.

If the client requires further assistance in gathering the necessary evidence or pursuing the claim, we can consider obtaining expert medical and vocational assessments to support the claim for gratuitous services.

Would you like to proceed with drafting the claim for the damages, or would you like to discuss further any aspect of the case?