Damages

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Damages guidance:

Introduction It is important that personal injury practitioners are fully aware of all potential medical issues relating to the claim. The medical records should be...

Practice Note

Is it reasonably necessary? The claimant will be entitled to recover aids and equipment if they can prove that they are for a genuine medical or therapeutic need and are...

Practice Note

Timing and procedure A claimant can apply for an interim payment order after the end of the period for filing an acknowledgement of service. See Practice Note: After a...

Practice Note

Introduction The process of challenging a CRU certificate of recoverable benefits changed from 28 October 2013, following the Welfare Reform Act 2012. The reforms were...

Practice Note

If a claimant has lost entitlement to state pension as a result of an accident there is, on the face of it, a potential claim in respect of that loss. However, to assess...

Practice Note

The claim and basis for it This 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....

Practice Note

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5 August 2019. For...

Practice Note

General principles As a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their injuries. A collateral...

Practice Note

General damages Pain, suffering and loss of amenity The court will make a monetary award to reflect the gravity of an injury and the effect it has had on a particular...

Practice Note

Contributory negligence Recoverable benefits Any deductions for contributory negligence should be determined before assessing the amount of the compensation payment. The...

Practice Note

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5 August 2019. Which...

Practice Note

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5 August 2019....

Practice Note

Replacement vehicles and hire generally Where a driver’s vehicle has suffered damage in an accident sufficient for it to require repair or replacement, they may well need...

Practice Note

Enforceability of contracts Some credit hire agreements have been vulnerable to attack as unenforceable where the credit hire company has failed to comply with certain...

Practice Note

Defendant insurers commonly raise issues going to the quantum of the claim for hire charges. The common areas of dispute are: • need/type • period, and • rate For further...

Practice Note

What can be offset? A claimant will often receive state benefits as a result of their accident and the Department for Work and Pensions operates a system for recovering...

Practice Note