ÀÏ˾»úÎçÒ¹¸£Àû

View the related checklists about Damages for personal injury

Valuing general damages—checklist

Valuing general damages—checklist This Checklist outlines the issues a practitioner should consider when valuing general damages. It looks at different heads of damage including pain, suffering and loss of amenity (PSLA), Smith v Manchester awards, loss of congenial employment, loss of use, holiday disruption, damage to relationships, loss of marriage prospects, aggravated damages, unnecessary treatment, fatal accidents and interest. Head of Damage Valuing the claim Further Reading PSLA Pain and suffering is the subjective experience of the victim.Loss of amenity is the reduction in the ability to perform everyday tasks.Damages are awarded for physical and/or psychiatric injury and encompass suffering from the past, present and future.There is no formula.When assessing PSLA, certain factors will be relevant including:—severity and extent of the injury—whether there are multiple injuries—physical pain caused by the injury including by any medical treatment, eg an operation—age of the claimant—duration of symptoms—degree of incapacity—mental distress—loss of the enjoyment of life—disfigurement or scars—ability to resume hobbies including sport, DIY and gardening—pre-existing illness or disability, or exacerbation of...

View the related practice notes about Damages for personal injury

Damages in fatal accident claims

Elements of a fatal accident claimThere are two different elements to a fatal accident claim:•the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) allows an action to be brought on behalf of the deceased’s estate for:◦pain and suffering for the period between injury and death (see section ‘Pain, suffering and loss of amenity (PSLA) pre-death’ below)◦any financial loss incurred by the deceased between the date of the accident and the date of death◦funeral expenses (provided they were paid for by the deceased’s estate)•the Fatal Accidents Act 1976 (FAA 1976), as amended, allows an action to be brought on behalf of the dependants of the deceased for:◦the following losses suffered by the dependants:‣financial support from the deceased‣dependency on the deceased’s services‣the ‘intangible’ benefits of a spouse/parent—see Practice Note: Quantifying losses for dependants—past losses—services—Additional award for ‘intangible’ loss of services provided by a partner/parent)◦funeral expenses provided they were paid for by the dependants◦bereavement damages for a limited category of people (see below and Practice Note: Claims involving a fatality—heads of damage—Fatal Accidents...

Quantifying damages for the estate under the Law Reform Act

What can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act 1934?The Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) allows the deceased’s estate to recover some of the losses that the deceased was entitled to claim before they died.The three types of claim that can be brought under LR(MP)A 1934 are:•general damages for the deceased’s pain, suffering and loss of amenity (PSLA) between injury and death•special damages, ie any financial losses incurred by the deceased between the date of the accident and the date of death (note that the estate cannot bring a claim under LR(MP)A 1934 for future loss of earnings but this may be recoverable under the Fatal Accidents Act 1976 (FAA 1976) as part of a dependency claim—see Practice Notes: Claims involving a fatality—heads of damage—FAA 1976—loss of dependency and Quantifying damages for dependants—future losses)•funeral expenses (provided they were paid for by the deceased’s estate)Practical point: a claim for the deceased’s pain and suffering and losses incurred prior to their death can only...

View the related precedents about Damages for personal injury

Witness statement on quantum in support of a claimant’s claim

Witness statement on quantum in support of a claimant’s claim Filed on behalf of the claimant Witness Statement of [insert initial and surname of witness] Number of witness statement: [insert number of witness statement in relation to the witness] Exhibit details: [insert initials and number of each exhibit referred to] Date on which statement was made: [insert date] [Date of translation: [insert date]] IN THE HIGH COURT OF JUSTICE [[SPECIFY DIVISION]] [[INSERT LOCATION] DISTRICT REGISTRY] Claim No. [insert number] Parties A        Claimant and B        Defendant ________________________________ WITNESS STATEMENT OF [insert full name] ________________________________ I, [insert full name], of [insert full address and occupation] will say as follows: 1 The facts and matters set out in this witness statement are within my own knowledge unless otherwise stated, and I believe them to be true. 2 [I drafted this witness statement myself and these are my own words. OR This witness statement was prepared on my behalf by [insert name and/or role of person who drafted...

Claimant witness statement on quantum

Claimant witness statement on quantum Filed on behalf of the claimant Witness Statement of [insert initial and surname of witness] Number of witness statement: [insert number of witness statement in relation to the witness] Exhibit details: [insert initials and number of each exhibit referred to] Date on which statement was made: [insert date] [Date of translation: [insert date]] IN THE HIGH COURT OF JUSTICE [[SPECIFY DIVISION]] [[INSERT LOCATION] DISTRICT REGISTRY] Claim No. [insert number] Parties A        Claimant and B        Defendant ________________________________ WITNESS STATEMENT OF [INSERT FULL NAME] ________________________________ I, [insert full name], of [insert full address and occupation] make oath and say as follows: 1 The facts and matters set out in this witness statement are within my own knowledge unless otherwise stated, and I believe them to be true. 2 [I drafted this witness statement myself and these are my own words. OR This witness statement was prepared on my behalf by [insert name and/or role of person who drafted the document] following discussions ...

View the related q&as about Damages for personal injury

Is there case law to support a defendant's assertion that a deduction in a claimant's loss of earnings claim has to be made in order to account for childcare costs which would have been payable had the claimant returned to full time work had the negligence not occurred? Alternatively, is there case law that does not support this argument?

Is there case law to support a defendant's assertion that a deduction in a claimant's loss of earnings claim has to be made in order to account for childcare costs which would have been payable had the claimant returned to full time work had the negligence not occurred? Alternatively, is there case law that does not support this argument? Commentary: Earnings: Butterworths Personal Injury Litigation Service [1303] states: ‘In order to comply with the 100% principle of compensation, credit must be given for any significant expenses that would have been incurred by the claimant had he remained working normally.’ You may find useful the case of Eagle v Chambers (No 2). In this case the claimant sought damages after being hit by a car driven by the defendant. The trial judge deducted 15% from the claimant's past loss of earnings claim to account for saved travelling expenses. The claimant argued that the deduction should not have been made relying on a passage in the speech...

Would a chose in action become bona vacantia upon the dissolution of a company and if so, is it possible to agree an assignment of a chose in action with the Crown where a company was dissolved over six years ago?

Would a chose in action become bona vacantia upon the dissolution of a company and if so, is it possible to agree an assignment of a chose in action with the Crown where a company was dissolved over six years ago? A chose in action is something which is recoverable by legal action as opposed to something which is physically possessed. Choses in action are also described as intangible assets (as opposed to tangible assets such as goods or land). The main choses in action are: • debts • shares and securities (financial instruments) • receivables • cash in bank accounts • other rights under contracts (including, for example, insurance contracts), and • intellectual property If a company has the benefit of a chose in action but does not assign it prior to its dissolution, that chose in action will pass bona vacantia to the Crown (along with any other tangible or intangible assets that are not transferred or otherwise dealt with and distributed prior to dissolution). When this occurs...

View the related News about Damages for personal injury

PI & Clinical Negligence weekly highlights—12 June 2025

This week’s edition of PI & Clinical Negligence weekly highlights includes news from The Civil Procedure Rule Committee’s meeting minutes from 9 May 2025 which revealed that fixed recoverable costs reforms for lower value clinical negligence claims remain on hold, and HM Courts and Tribunals Service has implemented temporary changes to the ‘help with court fees’ application process as of 6 June 2025. We consider a High Court decision that looked at challenges in calculating accommodation claims for claimants with limited life expectancy, and a decision that looked at issues concerning insurance indemnity and payment security due to policy deficiencies. We also consider the Civil Justice Council’s recommendations for litigation funding reforms. In addition, we have our usual round-up of other news, cases and New Law Journal articles of interest.

Insurance & Reinsurance weekly highlights—12 June 2025

This week's edition of Insurance & Reinsurance weekly highlights includes: War risk insurers held liable for jets stranded in Russia (AerCap Ireland Ltd v AIG Europe SA and another); UK ransomware ban could boost cost of cyber-insurance; UK insurers abusing dishonesty defence, legal body warns; Insurers Using More 'Sweep-Up' Clauses In Policies; Lloyd's broker faces 2027 trial over US$3m bribery scheme; UK needs modern sanctions rules, ex-Lord Chancellor warns; Solvency II—Commission consults on draft delegated decision regarding provisional equivalence for third-country insurers within EU-headquartered groups; plus dates for your diary and key recent cases.