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Breaking the chain (or novus actus interveniens, literally new intervening act) refers in English law to the idea that causal connections are deemed to finish. Even if the defendant can be shown to have acted negligently, there will be no liability if some new intervening act breaks the chain of causation between that negligence and the loss or damage sustained by the claimant.
Personal injury cases may also include toxic torts, in which a contaminant transmitted by air or water causes illness, injury, or death. Other tort claims may be pursued in conjunction with personal injury claims. The most common personal injury claim involves injury from a motor vehicle accident. [9]
Atiyah proposed six major criticisms of the system, which suggest that liability in personal injury claims should not focus on the relationship between the claimant and defendant, but between the parties and society. His examples were primarily concerned with road traffic accidents
A structured settlement is a negotiated financial or insurance arrangement through which a claimant agrees to resolve a personal injury tort claim by receiving part or all of a settlement in the form of periodic payments on an agreed schedule, rather than as a lump sum. As part of the negotiations, a structured settlement may be offered by the ...
Gratuitous care is the term used in civil accident injury claims to describe the primary compensation for care provided by friends and family of the injured party. [1] As the term implies, this is care that the injured party has not paid for, though the law recognizes that it has value, and can be sued for.
In non-personal injury claims, for instance, a claim for professional negligence against solicitors, the measure of damages will be assessed by the loss suffered by the client due to the negligent act or omission by the solicitor giving rise to the loss. The loss must be reasonably foreseeable and not too remote. Financial losses are usually ...
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When filing a lawsuit as a result of an injury, it is common for someone to seek money both in compensation for actual money that is lost and for the pain and stress associated with virtually any injury. In a suit, pain and suffering is part of the "general damages" section of the claimant's claim, or, alternatively, it is an element of ...
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