Personal Injury Claims: Investigation and Preparation from Inception to Trial 2nd ed

Australia Title

Personal Injury Claims: Investigation and Preparation from Inception to Trial 2nd edition is a concise guide to key aspects of the litigation process that draws upon case law, relevant legislation and its author’s 40+ years of practice as a personal injury and wrongful death specialist.

Features

• Examines the common law and statutory framework that underpin personal injury claims
• Covers the investigation and preparatory steps practitioners must undertake from inception through to commencement of trial
• Discusses the legal aspects of establishing liability
• Addresses the potential defences available to the opponent
• Includes a digest of cases relevant to liability and defences
• Explains the concept of chronic pain as an accident-related medical condition
• Offers detailed commentary on the components of a damages claim and the relevant legal principles behind quantifying and assessing those components
• Includes commentary on statutory modifications brought about by the civil liability laws (and other legislation) in most jurisdictions
• Delves into the circumstances where an alternative claim for trespass to the person/battery may provide relief
• Identifies precedents containing examples from actual cases involving workplace injuries, motor vehicle accidents, and catastrophic injuries
• Analyses considerations that may impact on assessment of damages
• Discusses the preparation of the advice to be provided to the claimants 
• Addresses trial preparation and presentation
• Analyses appeals on apportionment of liability; challenging the quantum of an award of damages or adverse findings at first instance as to credit; and appeals to the High Court of Australia
• Draws on case law to study situations where the insurer seeks to rely on a total and permanent disability definition in the policy document to avoid liability to pay and to impose a condition requiring payments to be reimbursed from an award of damages

table of content

P

Chapter 1 Introduction

Chapter 2 Investigation

Chapter 3 Liability

Chapter 4 Defences

Chapter 5 Digest – Decided Cases – Factual Scenarios – Liability and Defences

Chapter 6 Chronic Pain

Chapter 7 Damages – Pain and Suffering

Chapter 8 Damages – Reduced Life Expectancy

Chapter 9 Damages – Loss of Earning Capacity

Chapter 10 Damages – Griffith v Kerkemeyer

Chapter 11 Damages – Miscellaneous Claims

Chapter 12 Trespass to the Person/Battery (NEW)

Chapter 13 Particulars of Claim

Chapter 14 Assessing Damages

Chapter 15 Settlement and Trial

Chapter 16 Appeals and General Principles

Chapter 17 Income Protection Insurance (NEW)

Appendix A  Additional Resources

Appendix B Statement of Claim – Occupier

Appendix C Statement of Claim – Dog Attack

Appendix D Statement of Claim – Industrial Accident

Appendix E Statement of Claim – Motor Vehicle Accident (driver)

Appendix F Statement of Claim – Motor Vehicle Accident (passenger)

Appendix G Statement of Claim – Motor Vehicle Accident (pedestrian)

Appendix H Endorsement of Claim and Statement of Claim – Medical   Negligence

Appendix I Briefing letter to medical specialist

Appendix J Particulars of Claim – Workplace injury – Contributory negligence asserted

Appendix K Particulars of Claim – Motor accident injury – Liability admitted

Appendix L Particulars of Claim – Catastrophic injury (paraplegia)

Appendix M Briefing letter to superannuation actuary

Appendix N Opinion

Appendix O Trial Book

• Appendix P Discounting for Present Payment Tables