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Personal Injury and Clinical Negligence

edit Authors(s): Louise Mariott
event Published: 20th Jan 2022

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This guide provides a thorough and practical introduction to the large and complex area of personal injury and clinical negligence litigation. The text sets out the substantive law governing the legal duties owed by road users, employers and members of the medical profession, and explores topics such as limitation and psychiatric illness, so that the procedural law governing personal injury and clinical negligence claims may be understood in context. In a clear and concise way, it demonstrates how such claims are conducted under the Civil Procedure Rules (CPR), from the first interview through to the quantification of damages. The appendices include the 2015 Rehabilitation Code, pre-action protocols for personal injury claims, the resolution of clinical disputes and low value EL and PL claims, as well as extracts from the latest Ogden tables. There is also a personal injury case study which includes key documentation.

This new edition has been fully updated to include relevant key developments, including the Whiplash Regulations 2021 and changes to the CPR/pre-action protocols relating to this area of practice.

Contents

The Work of a Personal Injury and Clinical Negligence Solicitor
Personal Injury and Clinical Negligence Terminology
Road Traffic and other Highway Claims: The Law
Employers’ Liability Claims: The Law
Clinical Negligence: The Law
Claims for Psychiatric Injury
Limitation of Actions
The First Interview
Methods of Funding and Qualified One-Way Costs Shifting
Investigating the Claim and Preliminary Steps
Instructing Experts
Commencement of Proceedings
Case Management and Interim Applications
Negotiations, ADR and Trial
The Quantification of Damages
Recovery of Benefits and NHS Charges
Post-death Investigations
Fatal Accident Claims – Procedure and Quantification
Criminal Injuries Compensation Authority
Claims on Behalf of Children and Protected Parties
Pre-action Protocols for Low Value RTA, EL and PL Claims
Appendices

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