DEFECTIVE PRODUCT COMPENSATION - INJURY CLAIM SOLICITORS

 

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The amount awarded for personal injury damages in a defective product compensation claim is intended to place person who suffers the injury back into the position that they would have been had the injury not occurred. The UK system for assessing defective product compensation relies on consideration of previous awards made for personal injury in earlier court cases to reach a fair assessment of the valuation of damages to be awarded. There are records of most of the important claims made in the UK courts and there is a full record of all higher court cases however most product liability compensation claim solicitors when assessing the value of personal injuries caused by defective products rely on a publication called 'Kemp and Kemp' which is a multi volume guide to previously decided cases throughout the range from minor injury to injuries of the utmost severity. This publication also contains explanations of the law and has copious footnotes to help make the assessment of damages in a product liability case as simple as possible. Copies of this book can be found in almost all lawyers' offices and in most public libraries.

Injury Compensation - Assessment of Damages

When considering the amount to award for personal injury in a product liability claim a judge will consider a number of factors including the extent of the injury, the pain and suffering caused and the extent of any permanent or ongoing disability. In order to calculate the actual amount of compensation a judge will be guided by previously decided cases and by any appeals relating to amounts awarded together with his own personal experience and judgement which will be tempered by a Government publication called 'The Judicial Studies Board Guidelines for the Assessment of General Damages in Personal Injury Cases' which attempts to distil conventional wisdom of damages awards into a reasonably straight forward digest. This guidance has a tariff system for damages for personal injury awards however the guidelines cannot be taken on face value as many accidents result in a combination of injuries and it is simply not reasonable to add the amounts of individual injuries awards together to reach a figure for multiple injuries. Consideration and judgement need to be carefully applied.

 

LEGAL HELPLINE 0844 414 4176