Description
Personal Injury Litigation forms a major segment of the cases tried in the Courts. With the ever increasing number of motor vehicular, industrial and employment accidents, this segment has become more significant and figures more prominently in law practice. In a personal injury claim, which also Involves fatal claim, the determination of the extent of liability as between the wrongdoer and the injured party and the assessment of damages are of prime importance to lawyers, who handle and defend such claims, as well as to the judges who adjudicate upon them. These issues are also important to the claims executives of insurance companies. The assessment of the insurer’s liability under the respective insurance policies covering accidental death and injury is an important issue because the insurers are the eventual payors. On a broader perspective, the upward trend in awards for damages would have an effect on the insurance funds and reinsurance and may eventually lead to an adjustment of the premium rates which would have an impact on the consumer. In this perspective, this book would interest and be useful to reinsurers and law makers.
The subjects covered by this book are intended to give a common understanding to all those involved in the prosecution, defence, settlement and adjudication of such personal injury claims so that such claims can be settled in the best terms out of court to save time and expense, and if it be litigated, to ensure that the best available evidence is presented before the courts with all relevant cases and principles cited so that the injured party would get a fair and adequate compensation without too much emphasis on sympathy and other feelings. The practical approach to the issues would also find favour and be helpful to law students and members of the public interested in such claims.
The book has also focussed on important and controversial issues or otherwise ‘grey areas’ which may be addressed by the higher courts and the law makers should the opportunities arise, while the basic aim of the book, as a text for quick reference to achieve meaningful settlements and consistent awards from the courts, remains.
Table of Contents:
Chapter 1: Damages in Personal Injury Claims
Chapter 2: Loss of Earnings in Personal Injury Claims
Chapter 3: Fatal Accident Claims
Chapter 4: Liability
Chapter 5: Duty of Care
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