Guidelines for the Assessment of General Damages in Personal Injury Cases

by Judicial College
Guidelines for the Assessment of General Damages in Personal Injury Cases
Author: Judicial College
Publisher: OUP Oxford
Total Pages: 137
Release: 2012-09-20
Genre: Law
ISBN: 0191641847
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This is the standard reference work for general damages in personal injury claims, and essential reading for all those involved in the area of personal injury. The Guidelines are designed to provide a clear and logical framework for the assessment of general damages while leaving the discretion of the assessor unfettered, since every case must depend to a degree on its own facts. They provide an invaluable guide to all those involved in personal injury litigation. As with previous editions, all judges involved in hearing personal injury cases will automatically receive a copy of the book. This eleventh edition has been fully updated to take account of inflation and decisions made in the two years since the previous edition and includes a foreword written by The Right Honourable Dame Janet Smith DBE.

Evaluation for Personal Injury Claims

by Andrew W. Kane
Evaluation for Personal Injury Claims
Author: Andrew W. Kane
Publisher: Oxford University Press
Total Pages: 273
Release: 2011-07-06
Genre: Law
ISBN: 0195326075
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Forensic mental health assessment (FMHA) has grown into a specialization informed by research and professional guidelines. This series presents up-to-date information on the most important and frequently conducted forms of FMHA. The 19 topical volumes address best approaches to practice for particular types of evaluation in the criminal, civil, and juvenile/family areas. Each volume contains a thorough discussion of the relevant legal and psychological concepts, followed by a step-by-step description of the assessment process from preparing for the evaluation to writing the report and testifying in court.Volumes include the following helpful features:DT Boxes that zero in on important information for use in evaluationsDT Tips for best practice and cautions against common pitfallsDT Highlighting of relevant case law and statutesDT Separate list of assessment tools for easy referenceDT Helpful glossary of key terms for the particular topicIn making recommendations for best practice, authors consider empirical support, legal relevance, and consistency with ethical and professional standards. These volumes offer invaluable guidance for anyone involved in conducting or using forensic evaluations.This book addresses the assessment of personal injury claims, and explores the history and importance of this process, the legal standards and the procedure for applying this assessment in court. Established empirical foundations from the behavioral, social, and medical sciences are then presented. Finally, the book provides a detailed "how-to" for practitioners, including information on data collection, interpretation, report writing and expert testimony.

Assessment of Damages for Personal Injury and Death

by Harold Luntz
Assessment of Damages for Personal Injury and Death
Author: Harold Luntz
Publisher:
Total Pages: 0
Release: 2006
Genre: Damages
ISBN: 9780409322934
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A revised and updated version of chapter one of the 4th edition of Harold Luntz's esteemed ASSESSMENT OF DAMAGES FOR PERSONAL INJURY AND DEATH, this text will provide the reader with comprehensive commentary on the general principles of damages for personal injury and death and developments in this area.

Psychological Injuries

by William J. Koch
Psychological Injuries
Author: William J. Koch
Publisher: Oxford University Press
Total Pages: 329
Release: 2006
Genre: Law
ISBN: 0195188284
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Human emotional suffering has been studied for centuries, but the significance of psychological injuries within legal contexts has only recently been recognized. As the public becomes increasingly aware of the ways in which mental health affects physical - and financial - well-being, psychological injuries comprise a rapidly growing set of personal injury insurance claims. Although the diverse range of problems that people claim to suffer from are serious and often genuine, the largely subjective and unobservable nature of psychological conditions has led to much skepticism about the authenticity of psychological injury claims. Improved assessment methods and research on the economic and physical health consequences of psychological distress has resulted in exponential growth in the litigation related to such conditions.Integrating the history of psychological injuries both from legal and mental health perspectives, this book offers compelling discussions of relevant statutory and case law. Focussing especially on posttraumatic stress disorder, it addresses the current status and empirical limitations of forensic assessments of psychological injuries and alerts readers to common vulnerabilities in expert evidence from mental health professionals. In addition, it also uses the latest empirical research to provide the best forensic methods for assessing both clinical conditions such as posttraumatic stress disorder and for alternative explanations such as malingering. The authors offer state-of-the-art information on early intervention, psychological therapies, and pharmaceutical treatments for posttraumatic stress disorder and stimulating suggestions for further research into this complex phenomenon.A comprehensive guide to psychological injuries, this book will be an indispensable resource for all mental health practitioners, researchers, and legal professionals who work with psychological injuries.

Personal Injury Schedules

by Andrew Buchan
Personal Injury Schedules
Author: Andrew Buchan
Publisher:
Total Pages: 1086
Release: 2018
Genre: Damages
ISBN: 9781784517298
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"Personal Injury Schedules: Calculating Damages covers in one single volume all that the PI practitioner needs in order to calculate damages in a personal injury case. It provides a guide to the assessment of damages and presentation of schedules. The emphasis remains on the practical application of the rules and principles involved, covering a variety of claims ranging from the small to the catastrophic. Defendants are also catered for, with a substantial chapter on Counter-Schedules. The book contains comprehensive and up-to-date analysis of the relevant principles and case law in a practical handbook style with valuable advice on presentation and strategy, complimented by a raft of precedents. Its key strengths are its clear and structured presentation and calculation of difficult items of loss with checklists, bullet points and tables offering immediate solutions for the busy practitioner, who needs accurate information on a daily basis in the courtroom or the office. This new edition is fully updated to take account of the following developments resulting from case law since the last edition: Fatal Accident Act multipliers: Knauer v MOJ [2016] UKSC 9; Pre-existing conditions: Reaney v University Hospital of North Staffordshire [2015] EWCA Civ 1119; Residual earnings discount factors: Billett v MOD[2015] EWCA Civ 773; Review of the highest court award ever made: Robshaw v United Lincolnshire Hospitals NSH Trust [2015] EWHC 923 (QB); Developments in the approach to interim payment applications: Smith v Bailey [2014] EWHC 2569 (QB); Recoverability of credit hire claims: Brent v Highways & Utilities Construction & others [2011] EWCA Civ 1384; Opuku v Tintas [2013] EWCA Civ 1299; Zurich Insurance v Umerji [2014] EWCA Civ 357; Sobrany v UAB Transtira [2016] EWCA Civ 28; Fatal accidents and incompatibility with the ECHR: Swift v Secretary of State for Justice [2013] EWCA Civ 193; Periodical payment orders: RH v University Hospitals Bristol Foundation Trust [2013] EWHC 299 (QB); Wallace v Follett [2013] EWCA Civ 146; Striking out dishonest claims: Fairclough Homes Ltd v Summers [2012] UKSC 26; Assessment of multipliers when not constrained by the Damages Act 1996: Simon v Helmot [2012] UKPC 5; Assessment of life expectancy: Whiten v St George's Healthcare NHS Trust [2011] EWHC 2066 (QB)."--Bloomsbury Publishing.