Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

M85 > Chapter 9 > Flashcards

Chapter 9 Flashcards

1
Q

Pain, Suffering and Loss of Amenity

A

compensate the victim for the physical and psychological pain and suffering, both immediately after the accident and in the future

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Loss of Amenity

A

compensates for the loss of enjoyment or physical/mental limitations due to the injury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Sources for assessing General Damages

A

• Judicial College Guidelines
• Kemp and Kemp
• Personal Injury Service Publications

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Medical Report for General Damages

A

key evidence of:
• injury’s severity
• duration
• ongoing symptoms
• potential future complications

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Acceleration Case in Personal Injury Law

A

an injury brings forward symptoms of a pre-existing condition, entitling the claimant to recover only for the period of acceleration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Acceleration V Eggshell Rule

A

in acceleration, the claimant would have suffered similar symptoms eventually

the eggshell fuel compensates for all consequences of the injury, even if the claimant was more vulnerable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Smith and Manchester Claim

A

a type of damages awarded to a claimant who is disabled by an accident but still able to work, compensating for potential future difficulties in the labour market

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Smith and Manchester Proof

A

they must prove a substantial or real risk of losing their current job or difficulty finding another job at the same pay level

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Moeliker v. Reyrolle (1977)

A
  1. determine if there is a real risk the claimant will lose their job before retirement
  2. assess the financial impact if that risk materialises
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Smith and Manchester Claims Quantified

A

courts base calculations on a multiplier of the claimant’s net earnings, typically ranging from three months to two years of salary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Industries that may see a higher risk of handicap

A

industries involving physical labour, where a disability might significantly reduce a worker’s employability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

“Future” in the context of “Future Loss of Earnings”

A

it applies from the date of the trial, as losses up to that point can be calculated accurately and awarded as special damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Future Loss of Earnings Evidence

A

some form of permanent disability or a disability that will last into the future

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Future Losses

A

• total loss of earnings
• partial loss
• needing a less strenuous job for less pay

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Multiplicand

A

the difference between the claimant’s current annual net income and their pre-accident net income
adjusted for future wage increases or promotions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Multiplier

A

the number of years from the date of trial until the claimant’s likely retirement age

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Actuarial Tool to determine The Multiplier

A

The Ogden Tables

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Significant Change by the Civil Liability Act 2018

A

new rules for calculating the discount rate and a requirement for more regular reviews

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Discount Rate

A

it reflects the return a claimant can expect from investing their damages
affects the lump sum awarded for future loss of earnings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Discount Rate Change

A

2.5% changed to -0.75%, effective from March 2017

Increased to -0.25% following an extensive review in 2019

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Loss of Congenial Employment

A

compensation for losing job satisfaction, particularly when a person must replace a satisfying job with less fulfilling work

it used to be compensated for within pain, suffering and loss of amenity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Morris v. Johnson Matthey & Co. Ltd (1967)

A

compensating for the loss of craft in congenial employment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Leading Case for Loss of Congenial Employment

A

Blamey (1988), where a fireman received £3,250

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Occupations for Loss of Congenial Employment

A

occupations with a vocational element, such as nurse, doctor or priest

25
Q

Kemp and Kemp, The Quantum of Damages

A

Table of Awards for Loss of Congenial Employment

26
Q

Future Cost of Care and Specialist Equipment

A

the same principles as calculating care and services rendered between injury and trial, using the multiplier and multiplicand approach

27
Q

Items of Specific Loss

A

one-time losses such as damage to clothing during an accident

needs to prove receipts or evidence of the loss

indemnity settlement = an allowance for wear and tear deducted

28
Q

Most common Head of Special Damages

A

loss of earnings up to the date of trial

29
Q

Lost Wages Calculation

A

multiply the pre-accident average net weekly by the number of weeks the claimant suffered a loss

30
Q

Average Weekly Wage Loss

A

13 week period immediately prior to the accident

take the total net pay for the 13 weeks and divide it by 13, adjusting for overtime, bonuses and seasonal fluctuations

31
Q

Self-Employed Loss of Earnings

A

use their book of accounts and tax returns to calculate

32
Q

Tax Refunds and Affecting Loss of Earnings Calculations

A

tax refunds or credits due to reduced earnings must be accounted for and credited in the calculation

33
Q

Statutory Sick Pay in Loss of Earnings

A

unless the employment contract requires repayment, statutory sick pay should not be deducted

34
Q

Redundancy Payments in Loss of Earnings

A

can be deducted from damages if the claimant is made redundant due to their injuries

35
Q

Parry v. Cleaver (1978)

A

pensions should not be deducted from loss of earnings claims because they are part of the employee’s remuneration package

36
Q

Law Reform (Miscellaneous Provisions) Act 1934

A

gives the estate of the deceased the right to claim damages from the date of the accident to the date of death

including
• pain and suffering
• loss of income
• special damages for property damage

37
Q

Administration of Justice Act 1982

A

damages for “awareness of reduced life expectancy” when there is a time-lag between accident and death

38
Q

Claim when Death is Instantaneous

A

there must be a period of survival and awareness of impending death for a valid claim under this head

39
Q

Special Property Loss

A

damages for loss or damage to personal property such as vehicles, clothes and personal possessions damaged in the accident

40
Q

Fatal Accidents Act 1976

A

dependents of the deceased can make a personal claim for financial losses, bereavement damages and funeral expenses

41
Q

Dependents under the Fatal Accident Act 1976

A

• spouse
• civil partner
• children
• parents
• others treated as family

42
Q

Changes in Earning Capacity

A

potential promotion or redundancy

43
Q

Household-Related Claims needed to be included in the Multiplicand

A

• household maintenance
• housekeeping
• child care
• caring for a sick relative
• perks like a company care or private health insurance

44
Q

Section 4 of the Fatal Accidents Act 1976 - Benefits

A

benefits like life insurance, pensions and proceeds from the deceased’s estate must be disregarded when calculating damages

45
Q

Section 4 of the Fatal Accidents Act 1976 - Benefits

A

benefits like life insurance, pensions and proceeds from the deceased’s estate must be disregarded when calculating damages

46
Q

Contributory Negligence under the Fatal Accidents Act 1976

A

damages will be reduced if the deceased was partly responsible for their own death

47
Q

Provisional Damages

A

awarded when there is a risk of future deterioration of the claimant’s condition

the claim must be pleaded, a serious disease must be possible and the claimant must apply for additional damages

48
Q

Section 3 of the Damages Act 1996

A

provisional damages do not bar an action by dependents under the Fatal Accidents Act 1976, if the claimant dies from the same cause

49
Q

Types of Rehabilitation

A

• Medial (injury treatment)
• Vocational (alternative employment)
• Qualitative (enhancing impaired capabilities)

50
Q

Rehabilitation Code 1999

A

to promote the use of rehabilitation services in settling personal injury claims and to restore claimants’ quality of line and earning capacity

51
Q

Compensation Recovery Unit (CRU)

A

recovers social security benefits paid due to an accident or injury and costs incurred by NHS hospitals and Ambulance Trusts for treatment

52
Q

Costs to Consider

A

• defence costs
• claimant’s costs
• coverage costs
• an element for interest in their reserve/valuation

53
Q

Periodic Payment Order (PPO)

A

a court-ordered arrangement for personal injury damages, typically involving regular annual payments to cover future costs like care

54
Q

PPO main components

A

• a lump sum for capital assets and future contingencies
• annual periodic payments to cover ongoing costs like care

55
Q

Which Law can Courts impose PPOs

A

Section 2(1) of the Damages Act 1996, as amended by the Courts Act 2003, gives courts the power to impose PPOs for future pecuniary loss in personal injury cases

56
Q

PPOs common use

A

common in maximum severity clinical negligence cases, particularly with brain-injured children or catastrophic injuries in PI claims

57
Q

PPOs Challenges

A

• PPOs transfer mortality and investment risk from the claimant to the insurer, requiring careful reserve management and solvency planning
• must hold appropriate reserves and meet solvency requirements to manage the long-term financial risks

58
Q

Medical Experts

A

• neurosurgeon
• psychiatrist
• rehabilitation specialist
• care specialist

M85 (11 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions