Investigation, negotiation and the quantum of damage

Any investigation will usually combine observation of the scene of any accident including the examination of any machinery or apparatus involved and the taking of detailed statements from witnesses, independent where possible. If litigation is in prospect full proofs of evidence may be obtained and particular regard paid to the demeanour of the individual in relation to the form and manner in which he is likely to reproduce his oral evidence in the court. Where both sides in an action produce 

The landscape of civil actions for personal injury was transformed with the introduction of the Woolf reforms and the new Civil Procedure Rules on 26 April 1999. The first phase was the introduction of a unified code of civil procedure applicable to all civil coiuts thereby eliminating some of the unnecessary distinctions between Coimty Court and High Court procedure. 

Perhaps the most fundamental difference for personal injury practitioners was the introduction of the Pre-Action Protocol for personal injury claims which, for the first time, laid down rules and recommended practice governing behaviour of the parties prior to the commencement of proceedings. 

With the aid of experts the insurer will assess the evidence and decide whether liability will attach to the insured. A condition in the policy stipulates that the insured themselves must make no admission of liability, even impliedly, without the consent of the insurers. Conversely insurers do not admit liability to a third party on behalf of their insured without prior consent. Repudiation of a claim will only be made after careful consideration of all of the evidence because litigation is both costly and uncertain in outcome. 

The law of damages is complex and in a state of constant evolution. Consequently a full discussion and analysis is beyond the scope of this text. As a brief summary, damages may be classified in the following way 

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