scholarly journals An Analysis of Inconsistent Methodology to Compute Permanent Future Nursing Care Costs in Personal Injury Claim

2021 ◽  
Vol 29 (S2) ◽  
Author(s):  
Mohd Fuad Husaini ◽  
Kamaliah Salleh
Keyword(s):  
Nursing Care ◽  
Personal Injury ◽  
Judicial Activism ◽  
Compensation Scheme ◽  
Lump Sum ◽  
Underlying Basis ◽  
The Law ◽  
Future Loss ◽  
Care Costs ◽  
Apparent Problem

Restitutio in integrum has been the underlying basis of assessment for damages under the corrective compensation scheme of the law of tort. This doctrine commands restoration of the claimant to the pre-existing condition prior to the commission of the tort. While this basis of assessment has no apparent problem in respect of pecuniary part of the claimable damages in a personal injury claim, however, from another side of the spectrum, there is an inconsistent methodology as to how to precisely calculate the ‘price’ of pain or even future loss. As a result, judicial activism plays its part in promoting its creativity of solution to the problem, leading to inconsistent methodology on this spectrum of damages that bears diverse output. The objective of this paper is to highlight the flaws of the inconsistent methodology for the assessment of permanent future nursing care. The method used for this research is by tracing the relevant authorities that use the various methods of computing the multiplier and analysing the outcome of each method. The findings revealed anomalies of output as each method produces different output without any qualification on why a particular method is chosen. This flaw in the computation of the multiplier for future losses other than related to loss of earnings should not remain viable as there is no consistency of the output based on similar factual circumstances. One of the solutions for this debacle is to forgo lump sum payment altogether and move towards structured settlement payment.

The Actuary and the Law (Staple Inn Reading 2000)

2000 ◽  
Vol 6 (4) ◽  
pp. 801-816
Author(s):  
L. Brennan
Keyword(s):  
Risk Assessment ◽  
Human Activity ◽  
Discount Rate ◽  
Personal Injury ◽  
The Law ◽  
Future Loss

ABSTRACTThe lecture discusses the issue of actuarial evidence in personal injury cases, and how the courts have been diffident towards actuarial evidence and the utility and importance of actuarial expertise. Until recently lawyers have not understood the ways in which actuaries work with probabilities. The lecture then shows that now the law has adopted actuarial thinking in several significant ways, and in particular in damages and personal injury cases. The discount rate for calculating the multiplier for future loss is discussed, as is the new area of risk assessment and conditional fees. Lawyers need actuarial help where appropriate, and both face the daily problem of applying the laws of probability to human activity.

scholarly journals The indexation of periodical payments of damages in tort: the future assured?

Legal Studies ◽  
2010 ◽  
Vol 30 (3) ◽  
pp. 391-407
Author(s):  
Richard Lewis
Keyword(s):  
National Health Service ◽  
Health Service ◽  
National Health ◽  
Personal Injury ◽  
Total Cost ◽  
Lump Sum ◽  
The Future ◽  
Key Factor ◽  
New Form ◽  
Care Costs

This paper examines the new statutory regime for paying damages for personal injury by means of periodical payments instead of a lump sum. How are such payments to increase in future to take account of rising care costs, especially when these usually form the largest part of a major award? The answer to this question is crucial in determining the extent that the new form of payment will be used. How periodical payments are to be indexed is also a key factor in calculating the total cost of compensation and, in particular, in assessing the liabilities of the National Health Service. The issue gave rise to litigation which was voted by personal injury practitioners as the most important of the year. Here, that litigation and the statutory reforms which gave rise to it are set in their wider academic contexts.

MINNESOTA TAKES CONTROVERSIAL STEPS TO REFORM HEALTH CARE

PEDIATRICS ◽  
1994 ◽  
Vol 93 (4) ◽  
pp. 560-560
Author(s):  
J. F. L.
Keyword(s):  
Health Care ◽  
Health Care Providers ◽  
Health Reform ◽  
Income Tax ◽  
The State ◽  
Care Providers ◽  
Practice Parameters ◽  
The Law ◽  
Health Legislation ◽  
Care Costs

When Minnesota legislators last spring passed health legislation that included a tax on health care providers, many physicians thought the state had gone too far. As the state begins to implement the law, however (physicians will begin paying the tax in 1994), those same physicians are realizing that their troubles may have just begun. The tax is only one part of a larger health reform package that promises to change the way Minnesota physicians practice. Under the law, for example, the state will assign physicians to some patients. The law also requires the state to develop practice parameters and controls on technology... Beginning in 1994, physicians will pay a 2% income tax on their gross revenues. The tax, which will not be levied on Medicare or Medicaid services or on physicians employed by managed care providers, will help pay for health insurance for the state's approximately 400,000 uninsured. Many physicians opposed the legislation because it will cut into their pay... And to achieve its goal of reducing health care costs by 10% a year for five years, the state will develop and implement practice parameters in an attempt to avoid ineffective treatment.

scholarly journals Privacy, Corrective Justice, and Incrementalism: Legal Imagination and the Recognition of a Privacy Tort in Ontario

2013 ◽  
Vol 59 (1) ◽  
pp. 49-94 ◽  
Author(s):  
Thomas DC Bennett
Keyword(s):  
Detailed Analysis ◽  
Common Law ◽  
Corrective Justice ◽  
Judicial Activism ◽  
The Novel ◽  
Incremental Development ◽  
Privacy Laws ◽  
The Law ◽  
Court Of Appeal

This article considers the nature of common law development as exemplified by the recent privacy case of Jones v. Tsige. The author focuses on Jones, in which the Ontario Court of Appeal recognized the novel privacy tort of “intrusion upon seclusion”. Using a detailed analysis of the case as its basis, the article explores issues which have much wider significance for the judicial development of privacy laws: the process of incremental elaboration of the law, the moral impulses at work within it, and the relevance of imagination to its operations. By drawing out these discrete issues and analyzing the role that each plays in Jones, the article offers a framework for examining such questions in future privacy cases. Moreover, this article argues that the judgment in Jones brings valuable clarity to the analysis of the process of common law development. In particular, the essay concludes that the novel privacy tort recognized in Jones is the result of a legitimate incremental development rather than an instance of undue judicial activism.

scholarly journals Legal Limits on the Structured Settlement of Damages

1993 ◽  
Vol 52 (3) ◽  
pp. 470-486
Author(s):  
Richard lewis
Keyword(s):  
Common Law ◽  
Strong Support ◽  
Personal Injury ◽  
Favourable Response ◽  
Radical Reform ◽  
Lump Sum ◽  
Legal Limits ◽  
Annuity Market ◽  
Consultation Paper ◽  
Law Commission

A structured settlement is a new way of paying common law damages for personal injury or death. It has received strong support from the judiciary and a very favourable response from the Law Commission in its recent consultation paper. The defendant's insurer, usually after having informally agreed a lump sum figure with the plaintiff, will agree to convert part of the damages into a series of periodic payments. To fund the arrangement the insurer purchases an annuity from a life office. The payments are “structured” to meet the individual's needs and are free of tax in the plaintiffs hands. This is because the Revenue have accepted that they may be considered instalments of capital rather than income. In return for making this arrangement the insurer will bargain for a discount on the conventional lump sum figure. Although the first structure was put in place as long ago as 1981, they were not used in other than a few isolated cases until 1991. Now there are almost two hundred of them, and the annuity market, worth £30 million last year, is expected to grow rapidly. Their increasing use constitutes the most radical reform of our damages system effected in recent years.

Form of compensatory damages, date for assessment, taxation

2019 ◽  
Author(s):  
Andrew Burrows
Keyword(s):  
General Rule ◽  
Breach Of Contract ◽  
Lump Sum ◽  
Future Loss ◽  
Compensatory Damages ◽  
Assault And Battery

The general rule can be expressed as follows: a court must assess in a lump sum all past, present, and future loss resulting from the particular tort or breach of contract being sued for, because no damages can be later given for a cause of action on which judgment has already been given. The classic authority is Fitter v Veal, where the claimant had been awarded £11 damages against the defendant in an action for assault and battery. His injuries proved to be more serious than at first thought and he had to undergo an operation on his skull. It was held that he could not recover for this further loss in a new action.

Personal Injury Lawyer in NJ - The Law Offices of James C. DeZao

SciVee ◽  
2011 ◽  
Author(s):  
Jeremy Ponds ◽  
Jeremy Ponds
Keyword(s):  
Personal Injury ◽  
The Law
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