9 Valuing & Reserving 3rd Party Claims

Question 1

General damages =

Answer 1

pain & suffering

Question 2

Special damaged

Answer 2

can be calculated

Question 3

What is loss of amenity

Answer 3

physical / mental limitations

Question 4

Can you still receive compensations if unconscious? Y/N

Answer 4

Yes

Question 5

Quantification =

Answer 5

case law + guidelines for assessment of general damages

Question 6

Does guidelines for assessment of general dameages have statutory authority Yes / No

Answer 6

No

Question 7

Quantum of damages = K+K

Answer 7

Kemp + Kemp

Question 8

Is inflation allowed for Y / N

Answer 8

Yes

Question 9

When reviewing medical report =

Answer 9

Time elapsed
Ongoing Symptoms
Future treatment

Question 10

Smith & Manchester claim

Answer 10

Still work but disability makes it harder

Question 11

Future loss of earnings - mulitplicand is…

Answer 11

Current income (excl tax & NI) vs pre accident income

Question 12

Future loss of earnings - multiplier is…

Answer 12

no. of years until retirement (years purchased)

Question 13

Damages paid as lump sum assumes…

Answer 13

money is invested

Question 14

s.1 of Aamages Act

Answer 14

Lord Chancellor can set rates (consult treasury & Actuary)

Question 15

Civil Liability Act - New rules

Answer 15

-0.75% to -0.25% - Review every 5 years.

Question 16

Loss of congenial employment

Answer 16

lose job you love K+K

Question 17

Special damages includes

Answer 17

Items lost.
Loss of earnings
Medical expenses

Question 18

Clothing

Answer 18

less wear & tear

Question 19

Services

Answer 19

Commercial rate for nursing.
If volunteers reduce for tax / NI
Volunteers can recover earning not exceeding commercial rate. Reduced by savings by not goign to work / commuting etc.

Question 20

Loss of earnings (most common)

Answer 20

13 wk earnings
True representation
Adjust
Calculate net average wkly income (total / 13)

Question 21

If redundant due to injuries

Answer 21

redundancy payment can be deducted from claim.

Question 22

Can pension be deducted from claim

Answer 22

No

Question 23

Fatal claims

Answer 23

Right of estate to claim
Pain & suffering
Special damages to property

Question 24

If instantaneous death

Answer 24

No right to claim

Question 25

Claim can include funeral expenses if reasonable & incurred by estate

Answer 25

Yes

Question 26

Fatal Accidents Act 1976

Answer 26

Can claim:
Financial losses by dependants
Bereavement damages
Funeral expesnes

Question 27

Who are dependants

Answer 27

Wife or husband

Dependant children

Question 28

Is dependants rights given automatically

Answer 28

No

Question 29

To allow claim:

Answer 29

Must be wrongful act
Be able to sue if alive
Provide dependancy

Question 30

Bereavement claims £

Answer 30

£12,980

Question 31

If action not brought by deceased representatives within x months, any person entitled may do so

Answer 31

6 months

Question 32

All claims must be brought as one action Y / N

Answer 32

Yes

Question 33

Can emotional loss be claimed? Y / N

Answer 33

No

Question 34

Bereavement claims - Wido / widower or both

Answer 34

Widow only

Question 35

Does mutiplcand and multiplier apply? Y / N

Answer 35

Yes

Question 36

Provisional damages is

Answer 36

Where deterioration may occur in future.

Question 37

Justice Act 1982 allows

Answer 37

court to award provisional damages and claimant to return to court later

Question 38

Rehab

Answer 38

Early intervention

Pre action protocol should be considered for PI claims

Question 39

Is initial medical assessment outside litigation Yes / No

Answer 39

Yes

Question 40

Costs to be considered

Answer 40

Defence
Claimants
Coverage

Question 41

Periodic Payments Order is

Answer 41

Payment in agreed stages.

Question 42

PPO is for damages for….

Answer 42

Future Pecuniary Loss

Question 43

Compensation Recovery Unit is

Answer 43

Recovers Social Security and NHS costs

Question 44

CRU certificate shows…

Answer 44

liability to repay DWP