Personal Injury Compensation
Personal Injury Compensation Damages •
First determine what type of damages to award o
Compensatory Damages
Key Principle One: Compensatory damages are designed to put P in the same position as if he had not sustained the injuries due to the negligence of D Todorovic v Waller
Key Principle Two: Once and for all rule, that is, one damages are assessed, that is the end of the matter
•
The award is final; it is not susceptible to review. It will estimate the future and that will always been wrong so it would be too much of a hassle to review it all the time Camden & Islington Area health Authority
•
Exceptions and reforms to counteract difficulties:
o
Periodical payments
o
Interim payment
o
Provisional (payments reassed on the occurrence of an event)
Key Principle Three: Method of assessment
•
Pecuniary: loss of earning capacity over the ‘lost years’, other calculable expenses
o
o
Future earning
Will be based on what the P was earning at the time of the injury
When this is difficult (eg. the P is a child) various methods are employed, making deductions for tax and a 15% deduction for contingencies
Medical Expenses
Must be proved with receipts
The court must decide what future medical expenses should be paid for
First determine what type of damages to award o
Compensatory Damages
Key Principle One: Compensatory damages are designed to put P in the same position as if he had not sustained the injuries due to the negligence of D Todorovic v Waller
Key Principle Two: Once and for all rule, that is, one damages are assessed, that is the end of the matter
•
The award is final; it is not susceptible to review. It will estimate the future and that will always been wrong so it would be too much of a hassle to review it all the time Camden & Islington Area health Authority
•
Exceptions and reforms to counteract difficulties:
o
Periodical payments
o
Interim payment
o
Provisional (payments reassed on the occurrence of an event)
Key Principle Three: Method of assessment
•
Pecuniary: loss of earning capacity over the ‘lost years’, other calculable expenses
o
o
Future earning
Will be based on what the P was earning at the time of the injury
When this is difficult (eg. the P is a child) various methods are employed, making deductions for tax and a 15% deduction for contingencies
Medical Expenses
Must be proved with receipts
The court must decide what future medical expenses should be paid for
