Assessing quantum (the value of a claim) in personal injury cases

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  • Quantum Assessment

Once the medical report has been finalised and disclosed, settlement of the claim can be considered. There are two and  types of "damages" that can be claimed, these are known as SPECIAL DAMAGES and GENERAL DAMAGES.

SPECIAL DAMAGES - these relate to out of pocket expenses incurred to date but can also include future losses in more serious cases. Examples of such losses can be Lost earnings, claims for care or services, treatment costs etc. Interest can only be claimed on these elements after court proceedings have commenced (most claims do not go this far and so interest is rarely claimed).

 

You can obtain an early payment (known as an interim payment) for special damages in most cases, once liability has been agreed and the injury has been assessed. You need not wait until the eleventh hour to receive monies that you have lost or had to pay out during the claim.

 GENERAL DAMAGES - This head of damage relates to pain and suffering including loss of amenity. The figures that can be achieved for certain injuries are wide ranging because recovery period can vary from person to person.

 

Most claimant / defendant representatives use the figures laid down in the Judicial Studies Board Guidelines to determine the level of damages that should apply.

 

 

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