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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False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...
The employer’s duty of careThis Practice Note considers the scope of an employer’s common law duty to ensure the safety of their employees with...
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...
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...
Damages in fatal accident claimsElements 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
Collateral benefits and double recoveryGeneral principlesA claimant is entitled to be compensated for their net losses.As a general rule, a claimant must give credit against their loss for any financial gains that they would not have received but for their injuries.The general rule is that benefits
Loss of congenial employmentNature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates specifically to the loss of enjoyment of their former employment and is quite separate from any direct financial loss. Some
Other heads of general damagesGeneral damagesGeneral damages comprise those heads of loss (past and future) that are non-pecuniary and are not capable of precise calculation and, instead, an assessment of an appropriate sum is made.In practice, the term general damages is often used to refer only to
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