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