Understanding Tort Reform and Damages Assessment in Personal Injury Claims in Nigerian Courts

The assessment of damages in personal injury claims in Nigeria has long been criticised for producing inconsistent, unpredictable, and inadequate awards that fail to compensate victims fully and do not serve the deterrent objectives of tort law. This study examines the principles and practices of damages assessment in personal injury litigation in Nigerian courts, evaluating the guidelines applied by the Court of Appeal and Supreme Court in general damages, special damages, and loss of future earnings claims between 2019 and 2024. Using a doctrinal methodology supplemented by practitioner interviews with 30 personal injury litigators and 10 insurance defence counsel in Lagos and Abuja, the research assesses how inflationary economic conditions, exchange rate volatility, and inconsistent judicial approaches affect the quantum of awards. The study further evaluates reform proposals including structured settlements, judicial awards tables, and periodic payments mechanisms. Findings reveal that Nigerian courts continue to apply outdated multiplier tables that significantly undercompensate claimants for long-term care needs and loss of earnings, particularly in cases involving young victims. Comparative analysis with English and South African personal injury damages jurisprudence informs the reform agenda. Recommendations include the creation of judicial damages guidelines, inflation-adjusted awards tables, and the introduction of structured settlements legislation. Keywords: personal injury, damages assessment, tort reform, structured settlements, judicial guidelines