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Personal Injury Litigation 4th ed

ISBN13: 9780854900862
Previous Edition ISBN: 1859415776
Published: September 2011
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Paperback
Price: £29.00

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Personal Injury Litigation provides a wide-ranging introduction to the major elements of personal injury litigation. It deals with liability, damages and procedure.

It gives practical guidance on dealing with the new procedure for low-value claims in road traffic cases and provides summaries and checklists for both claimants and defendants. The more difficult areas such as costs, limitation and fatal accidents are also covered with guidance on important issues like serving proceedings and drafting witness statements.

This edition of Personal Injury Litigation deals with the new rules governing road traffic claims. It contains useful guidance and checklists for both claimants and defendants.

This fourth edition not only brings this much used book up-to-date but the text has been extended with new chapters on limitation and fatal accident claims. A section on the common pitfalls and how to avoid them will help practitioners ensure that their cases run smoothly.

Personal Injury Litigation is an invaluable asset to students, trainees, newly qualified solicitors and paralegals and assumes no prior knowledge of the subject. It will also act as a practical guide for the busy practitioner.

Personal Injury Law, Wildy, Simmonds and Hill

1. Basic Information: Liability
1.1 General principles
1.2 Road accidents
1.3 Dangerous premises
1.4 Dangerous products
1.5 Accidents at work
1.6 Causation
1.7 Defences

2. Limitation
2.1 General
2.2 Basic period
2.3 Date of knowledge
2.4 Overriding the time bar
2.5 Specific actions

3. Damages and Interest
3.1 Damages for pain and suffering
3.2 Damages for financial loss
3.3 Damages for past loss
3.4 Damages for future loss
3.5 Travel expenses
3.6 Disability in the labour market
3.7 Specialist needs
3.8 Provisional damages and periodical payments
3.9 Damages payable by instalments (periodical payments)
3.10 Deductions in calculating damages
3.11 Interest on damages

4. Fatal Accidents
4.1 Liability in fatal accident claims
4.2 Claims on behalf of the estate
4.3 Matters which must be disregarded
4.4 Bereavement damages
4.5 Funeral expenses
4.6 Apportionment
4.7 Interest

5. Financing the Case
5.1 General principles
5.2 Conditional fee agreements
5.3 Funding clinical negligence claims
5.4 Alternatives to Community Legal Service funding
5.5 Liability for costs between the parties
5.6 Types of costs in personal injury cases
5.7 Costs under the fast track
5.8 Costs between solicitor and client
5.9 Fixed recoverable costs in road traffic accidents
5.10 Fixed percentage increase in road traffic accident claims conducted under conditional fee agreement
5.11 Fixed percentage increase in employer’s liability claims where claim conducted under conditional fee agreement
5.12 Fixed recoverable success fees in employer’s liability disease claims
5.13 Costs and the Motor Insurers’ Bureau and Criminal Injuries Compensation Authority
5.14 Key points
5.15 Forms

6. Road Traffic Accident Protocol
6.1 Rights to act for a claimant under the new process
6.2 Excluded categories
6.3 Determining the value of the claim
6.4 General principles
6.5 Procedure
6.6 Stage 1 – notification of claim and insurer’s response
6.7 Stage 2 – offers to settle and negotiations
6.8 Stage 3 – no agreement on quantum
6.9 Recoverable costs
6.10 Key points
6.11 Forms
6.12 Civil Procedure Rules – Practice Direction 8B – Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents – Stage 3 Procedure

7. Investigating the Claim and the Pre Action Protocol for Personal Injury Claims
7.1 Taking instructions
7.2 Preliminary correspondence
7.3 Terms of Pre-Action Protocol for Personal Injury Claims (Pre-Action Protocol)
7.4 Other preliminary steps
7.5 Instructing expert witnesses
7.6 Negotiations
7.7 Instructing counsel
7.8 Decision to issue proceedings
7.9 Client questionnaire checklist
7.10 Letter of claim checklist
7.11 Key points
7.12 Civil Procedure Rules – Pre-Action Protocol for Personal Injury Claims

8. Starting Proceedings and Drafting Statements of Case
8.1 General requirements
8.2 Drafting the particulars of claim
8.3 Responding to claim
8.4 Reply and/or defence to counterclaim
8.5 Key points
8.6 Forms
8.7 Draft particulars of claim and defence

9. Drafting Witness Statements and Use of Expert Witnesses
9.1 Rules relating to the drafting of witness statements
9.2 Use of precedents
9.3 Preparation for drafting
9.4 Warning clients and witnesses of the importance of statement of truth
9.5 Expert witnesses

10. Part 36 Offers, Part 20 Proceedings and Interim Payments
10.1 Offers to settle (CPR Part 36)
10.2 Part 20 proceedings – joining new parties in an action
10.3 Interim payments
10.4 Key points
10.5 Form

11. Case Management, Disclosure and Inspection
11.1 Case management
11.2 Procedure for standard disclosure
11.3 Specific disclosure or inspection
11.4 Inspection and copying of documents
11.5 Inadvertent disclosure of privileged documents
11.6 Disclosure in specific tracks
11.7 Key points
11.8 Forms

12. Preparing for Hearings: Disposals and Trial
12.1 Disposal hearing
12.2 Preparing for trial
12.3 Instructing counsel to advise on evidence
12.4 Documentary evidence
12.5 Witnesses
12.6 Real evidence
12.7 Other pre-trial points
12.8 Trial

13. Early Conclusion of Cases
13.1 Settlement before or after proceedings issued
13.2 Persons under a disability
13.3 Default judgments: summary judgment
13.4 Striking out, dismissal for want of prosecution, discontinuance

14. Summary of Procedure
14.1 Determining value of claim
14.2 Small claims track
14.3 Case management directions

15. Avoiding the Pitfalls of Personal Injury Litigation
15.1 Funding
15.2 Limitation
15.3 Pre-Action Protocol
15.4 Problems on issue
15.5 Problems with service
15.6 Problems with defendant insurers or the Motor Insurers’ Bureau
15.7 Problems after service
15.8 Avoiding problems for client
15.9 Part 36 offers
15.10 Motor Insurers’ Bureau

Series: Wildy Practice Guides

Planning Enforcement ISBN 9780854901166
Published July 2015
Wildy, Simmonds and Hill Publishing
Advising and Representing Clients at Mediation ISBN 9780854901210
Published June 2013
Wildy, Simmonds and Hill Publishing
Out of print
Planning Law and Practice ISBN 9780854901159
Published April 2013
Wildy, Simmonds and Hill Publishing
Charities and Not-for-Profit Entities: Law and Practice ISBN 9780854900749
Published August 2012
Wildy, Simmonds and Hill Publishing
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Procedure in Civil Courts and Tribunals 3rd ed ISBN 9780854900510
Published August 2010
Wildy, Simmonds and Hill Publishing
Debt Recovery in the Courts ISBN 9780854900732
Published June 2010
Wildy, Simmonds and Hill Publishing
Termination of Employment 5th ed ISBN 9780854900541
Published April 2010
Wildy, Simmonds and Hill Publishing
Residential Tenancies 5th ed ISBN 9780854900428
Published September 2009
Wildy, Simmonds and Hill Publishing