Damages in Personal Injury Litigation
Duncan Embury,
Daniela Pacheco,
Simon Clements,
Kristina Maitland,
Anna Marrison
General Editor(s):
Barbara Legate,
Deborah Berlach
In personal injury litigation, the assessment of damages can shape everything from early case valuation and settlement strategy to the evidence required at trial. A clear understanding of how losses are identified, quantified, and supported is essential to advancing or defending a claim.
Written by three plaintiff-side and two defence-side lawyers from leading law firms, Damages in Personal Injury Litigation is a comprehensive practitioner guide to evaluating loss in personal injury and fatal accident actions. Combining substantive legal principles with practical guidance, this resource examines how to assess claims, quantify losses, and effectively navigate damages issues from early case assessment through settlement.
Beginning with an overview of personal injury damages, early case assessment, and causation, the text examines the full range of available damages, including pecuniary and non-pecuniary losses, damages arising from death, pure economic loss, and collateral damages. It also addresses subrogated claims, mitigation, structures and management, the role of experts, interest, and the settlement of damages before trial.
Grounded in detailed legal analysis and practical guidance, this text assists practitioners in identifying compensable losses, calculating their value, and making informed strategic decisions throughout the life of a file.