Personal injury/Clinical negligence: Adding insult to injury?
Compensation for personal injury is currently being reviewed. Andrew Hannam looks at how the future regime could work
The assessment of compensation for claimants in personal injury (PI) cases (including clinical negligence) is subject to a detailed review and might see far-reaching changes in the not-too-distant future.The object of an award for damages for personal injury is to put the claimant in the same financial position as they would be had they not been injured. The award will break down into three distinct sections:a) non-pecuniary, or personal losses, such as pain or suffering and loss of amenity;b) financial expenses incurred before the date of assessment of compensation;c) future losses such as loss of earning capacity and the cost of continuing medical and other care.This article focuses on the more serious cases involving larger awards of compensation in which the future losses are likely to comprise the largest aspect of the awards.
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