Damages

Gain a thorough understanding of calculating fair compensation with expert insights tailored for PI and Clinical Negligence practitioners. Our resources offer practical guidance to help you secure appropriate monetary awards for your clients, covering a wide range of damages from general to special. Equip yourself with the knowledge to argue effectively for loss of earnings, future care costs, and more, ensuring just outcomes in every case.

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Sub Topics We Cover

CRU and NHS charges Future losses General damages Interim payments, periodical payments and provisional damages Past expenses and losses Personal injury trusts

Latest PI & Clinical Negligence News

Variation of budget after trial, oppressive behavior, Part 36, and a payment on account of costs (Barry & Barry v Barry)

Variation of budget after trial, oppressive behavior, Part 36, and a payment on account of costs (Barry & Barry v Barry)

The following Dispute Resolution news provides comprehensive and up to date legal information on Variation of budget after trial, oppressive behavior, Part 36, and a payment on account of costs (Barry & Barry v Barry)

PAC report criticises DHSC over NHS England abolition plans and rising negligence costs

PAC report criticises DHSC over NHS England abolition plans and rising negligence costs
Navigating insurance payment deductions in PI claims

Navigating insurance payment deductions in PI claims

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on Navigating insurance payment deductions in PI claims

Breaching a court embargo on a draft judgment leads to contempt finding but no further punishment (R (Glaister and Carr) v Assistant Coroner for North Wales)

Breaching a court embargo on a draft judgment leads to contempt finding but no further punishment (R (Glaister and Carr) v Assistant Coroner for North Wales)

The following Dispute Resolution news provides comprehensive and up to date legal information on Breaching a court embargo on a draft judgment leads to contempt finding but no further punishment (R (Glaister and Carr) v Assistant Coroner for North Wales)

Featured PI & Clinical Negligence content

Duty of care and breach in clinical negligence claims

Duty of care and breach in clinical negligence claims

Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...

False imprisonment

False imprisonment

False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...

Pain, suffering and loss of amenity

Pain, suffering and loss of amenity

Pain, suffering and loss of amenityValuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of...

Psychiatric injury—secondary victims

Psychiatric injury—secondary victims

Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...

Practice notes

Whiplash or soft tissue injury claims

Whiplash or soft tissue injury claimsNOTE: The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents...
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1st Mar
Practice notes

Psychiatric injury—primary victims

Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
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1st Mar
Practice notes

Vicarious liability in the course of employment—the close connection test

Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...
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Produced in partnership with Andrew Wilson
28th Mar
Practice notes

Past loss of earnings

Past loss of earningsCommon issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For...
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1st Mar
Practice notes

EL/PL claims in the portal—a practical guide (Stage 1)

EL/PL claims in the portal—a practical guide (Stage 1)This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury...
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Produced in partnership with Sue Brown
28th Mar
Practice notes

Claims against the police

Claims against the policeIntroductionThe police force is a pure public authority (ie performs only public functions). Therefore, claims can be brought...
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1st Mar
Practice notes

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)What is QOCS?QOCS was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of...
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Produced in partnership with Samuel David of Anthony Gold Solicitors
28th Mar
Practice notes

Occupiers’ liability claims—lawful visitors

Occupiers’ liability claims—lawful visitorsBackgroundThe Occupiers’ Liability Act 1957 (OLA 1957) was enacted to provide for a ‘common duty of care’...
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Produced in partnership with Andrew Wilson
28th Mar
Practice notes

Misfeasance in public office

Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
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2nd Mar
Practice notes

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences...
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1st Mar
Practice notes

Claims against schools

Claims against schoolsClaims against schools by pupils can arise in a number of ways, including pupils:•being injured due to condition of...
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2nd Mar
Practice notes

Psychiatric injury—secondary victims—case tracker

Psychiatric injury—secondary victims—case trackerA secondary victim is someone who has suffered psychiatric injury not by being directly involved in...
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2nd Mar
Practice notes

Credit hire—an introduction

Credit hire—an introductionReplacement vehicles and hire generallyWhere a driver’s vehicle has suffered damage in an accident sufficient for it to...
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Produced in partnership with Andrew Wilson
28th Mar
Practice notes

Psychiatric injury—establishing liability

Psychiatric injury—establishing liabilityLiability for psychiatric injury is dependent in part on the nature of the injuries suffered and the manner...
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2nd Mar
Practice notes

Identifying the correct defendant in clinical negligence claims

Identifying the correct defendant in clinical negligence claimsThe National Health Service (NHS)England and Wales have a publicly funded health...
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Produced in partnership with Sarah Fraser Butlin of Cloisters
28th Mar
Practice notes

Drafting schedules of loss in PI and clinical negligence claims

Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
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Produced in partnership with Louise Thomson
28th Mar

Popular documents

Past loss of earnings

Past loss of earningsCommon issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss of earnings, see Practice Note: Future loss of earnings—personal injury claims.While many are straightforward, typical

Smith v Manchester awards

Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury, they are entitled to claim a head of damage commonly referred to as a Smith v Manchester award, named after the case that

Pain, suffering and loss of amenity (PSLA)

Pain, suffering and loss of amenity (PSLA)Basis for valuing the lossHow should an injury be measured in a sum of money? After all, no formula can calculate the value of the loss of an arm or the sense of smell.Damages for pain, suffering and loss of amenity (PSLA) are awarded for physical and/or

Claims for lost years

Claims for lost yearsThe claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the defendant’s negligence. Medical evidence will determine the loss of life expectancy. The phrase ‘lost years’ refers to the period after