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Personal Injury and Clinical Negligence 2024

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This book 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, the book 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 example documentation.

The text includes an overview of the Whiplash Regulations 2021 and associated changes to the CPR/pre-action protocols relating to this area of practice.

This revised edition has been updated to include relevant recent key developments.


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


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