Personal Injury Claims: Investigation and Preparation from Inception to Trial, 2nd edition

Personal Injury Claims: Investigation and Preparation from Inception to Trial 2nd edition is a concise guide to key aspects of the litigation process that draws upon case law, relevant legislation and its author’s 40+ years of practice as a personal injury and wrongful death specialist.

Features

• Examines the common law and statutory framework that underpin personal injury claims

• Covers the investigation and preparatory steps practitioners must undertake from inception through to commencement of trial

• Discusses the legal aspects of establishing liability

• Addresses the potential defences available to the opponent

• Includes a digest of cases relevant to liability and defences

• Explains the concept of chronic pain as an accident-related medical condition

• Offers detailed commentary on the components of a damages claim and the relevant legal principles behind quantifying and assessing those components

• Includes commentary on statutory modifications brought about by the civil liability laws (and other legislation) in most jurisdictions

• Delves into the circumstances where an alternative claim for trespass to the person/battery may provide relief

• Identifies precedents containing examples from actual cases involving workplace injuries, motor vehicle accidents, and catastrophic injuries

• Analyses considerations that may impact on assessment of damages

• Discusses the preparation of the advice to be provided to the claimants 

• Addresses trial preparation and presentation

• Analyses appeals on apportionment of liability; challenging the quantum of an award of damages or adverse findings at first instance as to credit; and appeals to the High Court of Australia

• Draws on case law to study situations where the insurer seeks to rely on a total and permanent disability definition in the policy document to avoid liability to pay and to impose a condition requiring payments to be reimbursed from an award of damages

Related Titles

• Luntz and Harder, Assessment of Damages for Personal Injury and Death, 5th edition

• Hobbs, Wrongful Death Claims: A Practical Guide