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Solicitors quantify personal injury claims by reference to previous awards made by the courts which are "similar" to the case in hand. The Judicial College's Guidelines for the Assessment of General Damages in Personal Injury Cases are adjusted following periodic review of the awards which have been made by the courts since the previous review ...
Although personal injury cases may result from an intentional act, such as defamation, or from reckless conduct, most personal injury claims are based on a theory of negligence. To hold a party or parties legally liable for injuries so damages based upon negligence, four elements must be proved: [ 10 ]
In personal injury cases, non-economic damages are defined as "pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, or other nonpecuniary injury". In wrongful death cases non-economic damages are defined as "mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care ...
$25,000/$50,000 for personal injury (PI) liability. ... The first two numbers mean that your insurance would help pay up to $25,000 in bodily injury per person and $50,000 in total bodily injury ...
By way of a legal fiction, 'personal injury' is treated as (physical) 'damage done', with the net effect that 'the actio injuriarum root of Scots law infuses the [nominate] delict assault as much as any development of the lex Aquilia' [72] and wrongdoing that results in physical harm to a person may give rise to both an aquilian action and an ...
Damages are compensatory in nature. Compensatory damages addresses a plaintiff/claimant's losses (in cases involving physical or mental injury the amount awarded also compensates for pain and suffering). The award should make the plaintiff whole, sufficient to put the plaintiff back in the position he or she was before Defendant's negligent act.
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