By Lawyers are pleased to announce the publication of a new personal injury guide: Personal injury – Acting for the defendant.
With a separate matter plan, commentary and precedents, the new guide is now available along with Personal injury – Acting for the plaintiff.
The new Personal injury – Acting for the defendant guide concentrates on the defence of negligence claims to which the provisions of the Civil Liability Act 2002 apply, while also covering the common law to some extent, with regard to intentional torts. It assists practitioners acting for defendants and insurers, in both un-litigated and litigated personal injury claims.
The commentary discusses all the relevant considerations and necessary steps to investigate and progress claims to resolution. Commentary sections include:
- Duty of care, including general principles of liability, specific legislative provisions, obvious and inherent risks, mental harm, causation and contributory negligence.
- Damages, with coverage of economic and non-economic loss, attendant care services and also exemplary, punitive and aggravated damages.
- Responding to the claim, with guidance and practical tips for dealing with un-litigated claims, gathering factual evidence and obtaining expert opinion.
- Settling it early, with helpful commentary on preparing for and attending mediations.
- Going to court, including the procedure for responding to claims in either the District Court or the Supreme Court.
The guide also contains many helpful precedents, including:
- Letters to various sources gathering information
- Medical authorities
- Example content for a mediation position paper for the defendant
- Offers of compromise
- Example content for pleadings and other documents
- Letters to clients finalising the matter after settlement or hearing.