Personal Injury and Wrongful Death Damages Calculations

Personal Injury and Wrongful Death Damages Calculations
Author: John O. Ward
Publisher: Emerald Group Publishing
Total Pages: 334
Release: 2009-10-22
Genre: Law
ISBN: 1848553021

Focuses on litigation damages, economic and non-economic, including punitive damages; their definitions, calculations, and assignments in the US and EU. This book examines areas of convergence and divergence in the academic and practical treatment of damages issues in the US and EU.

The Economics of Personal Injury

The Economics of Personal Injury
Author: Debapriya Ghosh
Publisher: Lexington Books
Total Pages: 160
Release: 1976
Genre: Accident law
ISBN:

Monograph on the methodology of accident research and the economics of safety - discusses theoretical and technical aspects, social policy issues, the problem of social cost and public expenditure, liability and compensation, accident insurance, etc. References and statistical tables.

Personal Injury Compensation

Personal Injury Compensation
Author: Werner Pfennigstorf
Publisher:
Total Pages: 230
Release: 1993
Genre: Accident insurance
ISBN:

Personal Injury Compensation demonstrates how the liability and compensation systems of six European countries work in practice. It shows the extent to which victims of a number of different accident and injury situations are actually compensated from various sources, how the different compensation regimes are co-ordinated, and how the costs of compensation are eventually allocated. It is a detailed exploration of the interaction between the various sources of compensation.

Structural Factors Affecting the Number and Cost of Personal Injury Claims in the Tort System

Structural Factors Affecting the Number and Cost of Personal Injury Claims in the Tort System
Author: Richard Lewis
Publisher:
Total Pages: 33
Release: 2019
Genre:
ISBN:

This chapter examines Britain's “compensation culture,” and the allegation that society has had to bear an increasing burden as a result of the rising number and cost of claims for damages for personal injury. The analysis is divided into two parts: the total number of claims brought each year is discussed first, and this is followed by an assessment of the overall cost of disposing of individual actions. The chapter gathers together information from a variety of academic and practitioner sources to produce a novel and up to date perspective upon the compensation culture debate.Although it is indeed true that claims have increased, they have done so only with regard to specific types of injury. Among the key factors highlighted are the working practices of three institutions which form the bedrock of our claims system: liability insurance companies, claims management organisations and claimant law firms. Criticisms are made here of a “dysfunctional” insurance industry; this is followed by a description of the rise and fall of an even more criticised claims gathering industry; and finally, attention is focused upon the rapidly changing structure of the legal profession involved in personal injury.In considering the rising cost of individual claims the major changes to tort damages awards are summarised. Reforms have been made not only of the method by which compensation is calculated, but also of the form in which the money is to be paid: periodical payments are now common in cases involving serious injury. Damages for pain and suffering have been raised substantially without appreciating the full policy implications, whilst compensation for financial loss has had to be revised to match the realities of the wider financial world. These reforms are placed in a broader context which sees the increasing cost of claims as an inevitable result of closer adherence to the principle of restoring the claimant to the financial position that was enjoyed before the injury took place. One of the conclusions drawn is that the structural factors identified here will continue generate concern about “compensation culture” for some time to come.