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, from the first interview through to the quantification of damages. The appendices include pre-action protocols for personal injury claims, disease and illness claims and for the resolution of clinical disputes, in addition to extracts from the Ogden tables. There is also a personal injury case study which includes key documentation.
This new edition has been fully updated to take into account all recent developments, including relevant amendments to the CPR, namely the increased values for fast track cases and the new Practice Direction on Pre-action Conduct, and the revised NHS Complaints Procedure, introduced by the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009. As well as covering the Criminal Injuries Compensation Scheme 2008, the following cases are also considered: Dickins v O2 plc (2008), Cain v Francis; McKay v Hamlani (2008), AB & Others v Ministry of Defence (2009), Shah v Ul-Haq and Others (2009).
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 Fixed Recoverable Costs
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 Scheme
Claims on Behalf of Children
Appendices