Personal injury Books

Book SynopsisThis accessible handbook focuses on the importance of neuropsychological evidence and the role of the neuropsychologist as expert witness in brain injury litigation. This thorough, evidence-based resource fosters discussion between the legal profession and expert neuropsychological witnesses. The chapters reflect collaborations between leading personal injury lawyers and neuropsychologists in the UK. Key issues in brain injury litigation are addressed that are essential to an understanding of the role of the neuropsychologist as expert witness and of neuropsychological evidence for the courts. These include neuropsychological testing, assessment of quantum, vocational rehabilitation, mental capacity, forensic outcomes, the frontal paradox, mild traumatic brain injury and more.Combining the scientific and legal background with practical tips and case examples, this book is valuable reading for legal professionals, particularly those working in peTable of Contents Introduction Phil S. Moore, Shereen Brifcani and Andrew Worthington Legal Principles in Litigation Henry F Charles and Ruth Johnson Part 1: ‘But For’ The Brain Injury and Causation Premorbid Abilities: Cognition, Emotion and Behaviour Martin Bunnage with Marc Willems Neuropsychological Testing in Brain Injury Litigation: A Critical Part of the Expert Neuropsychological Examination Andrew Worthington and Phil S Moore Paediatric Outcomes after Traumatic Brain Injury: Social and Forensic Risk Management in Multidisciplinary Treatment Approaches Hope Kent, James Tonks and Huw Williams with Ian Brownhill Part 2: Current Condition Effort Testing, Performance Validity, and the Importance of Context and Consistency Simon Gerhand, Chris A. Jones and David Hacker Mild Traumatic Brain Injury and Persistent Neuropsychological Symptoms Andrew Worthington and Phil S Moore The Frontal Lobe Paradox Sam Fisher-Hicks, Rodger Ll Wood and Bill Braithwaite Assessing Mental Capacity in Brain Injury Litigation Ian Brownhill Part 3: Loss, Disability, and Impact Legal Principles of Quantum William Latimer-Sayer Practical Applications of Quantum Principles Andrew Worthington, William Latimer-Sayer and Andy Tyerman Conclusion: Formulating Neuropsychological Opinion in Brain Injury Phil S. Moore, Shereen Brifcani and Andrew Worthington

Read more less

Book Synopsis

Read more less

Book SynopsisMedical Negligence provides a comprehensive and authoritative analysis of the potential legal liabilities of healthcare professionals and hospitals arising out of the provision of healthcare. The principal focus is on the law of negligence as it applies in the medical context, but the book also includes extensive coverage of consent to medical treatment, defective products, confidentiality, the liability of hospitals, defences and limitation, the principles applied to the assessment damages, and procedural issues.

Read more less

Book SynopsisJust the facts for coping with the after-effects of a brain injuryAcquired Brain Injury (ABI) usually refers to people who have suffered a head injury or stroke but also includes those who have had brain tumours, an anoxic injury (where the brain has been starved of oxygen) or brain illnesses like encephalitis and meningitis. After an ABI, the brain undergoes a very slow healing process before improvements slow down and eventually plateau. This is different to other forms of brain conditions where the journey is more of a deteriorating one over time.ABI is commonly called ''a hidden disability'' as it can easily be missed or misunderstood by others. Also it can significantly affect those close to the person and therefore it is frequently called ''a family affair'' too. As the issues are often hidden, complicated and affect patients and families alike, this book can act as a roadmap to help y

Read more less

Book Synopsis"I would highly recommend this book...It is high quality, clear and comprehensive and will no doubt prove an invaluable source of reference. Five stars on all counts." Tim Kevan, co-editor, PIBULJ.COM This book remains the only text of its kind to cover both the medical and legal aspects of medical negligence. Written by a team of more than 60 experts, it continues to provide the most comprehensive and authoritative guidance on all aspects of clinical negligence claims, from bringing an action for damages to presenting expert evidence in court. It also includes detailed consideration of funding and cost implications. Those needing clear guidance to make the best possible preparations for an action will find all they need here. The new 6th edition has been fully revised and restructured, including new chapters on the future of clinical negligence litigation, cardiology, gynaecology, obstetrics, haematology , and also includes coverage and analysis of recent key cases such as: - Williams v Bermuda Hospitals [2016] UKPC 4 (causation) - R (on the application of Maughan) v HM Senior Coroner for Oxfordshire [2020] UKSC 46 (suicide in inquests) - Darnley v Croydon Health Authority [2018] UKSC 50 (duty of care owed by receptionist) - ABC v St George's Hosp [2020] EWHC 455 (Huntington's chorea confidentiality) - Swift v Carpenter [2020] EWCA Civ 1295 (future accommodation costs) - Whittington Hospital NHS Trust v XX [2020] UKSC 14 (damages for surrogacy) - Khan v Meadows [2021] UKSC 21 (scope of duty of care) - Nguyen v HM Assistant Coroner for Inner West London [2021] EWHC 3354 (sufficiency of inquiry) Easy-to-access structure The new edition maintains its easy-to-access, two-part structure. The first part, set out in 16 chapters, deals with legal aspects of medical malpractice, including complaints procedures, poor performance and medical professional governance, preparation of medical evidence, settlements and trial. There are also chapters on product liability, and coronial law. The final 27 chapters in the second part cover the risks associated with particular areas of specialist medical practice. This title is included in Bloomsbury Professional's Clinical Negligence online service.Trade ReviewThere are certain law books that stand out as in a class of their own and this fifth edition of 'Clinical Negligence' stands tall among them... I would highly recommend this book for those practising in this area. It is high quality, clear and comprehensive and will no doubt prove an invaluable source of reference. Five stars on all counts. -- Tim Kevan * PIBULJ.COM *It retains its place as a key guide for practitioners in this area.I have been looking forward to the new edition and am notdisappointed. There is little in the field of clinical negligence that is not at least touched upon and the text either provides useful guidance (procedural or medical) or at least points in the right direction. -- Phillipa Luscumbe, Partner, PI, Penningtons * NLJ March 2016 *Table of ContentsForeword Preface Contributors Table of Statutes Table of Cases Chapter 1 Clinical Negligence Litigation: the Problem, the Solution - the Future? Chapter 2 The Law Chapter 3 Improving Safety, Reducing Harm and Subsequent Claims Chapter 4 The Role of NHS Resolution Chapter 5 Human Rights Chapter 6 Compensation Schemes Chapter 7 Funding Clinical Negligence Claims Chapter 8 The Coroner’s Inquest Chapter 9 The Duties of the Expert Witness and the Medical Expert Reporting Process Chapter 10 The Conduct of Proceedings Chapter 11 Consent Chapter 12 Limitation of Actions Chapter 13 Product Liability for Medical Products Chapter 14 Damages Awards: Lump Sums and Periodical Payments Chapter 15 Causation Chapter 16 Epidemiology and Statistics in Litigation Chapter 17 Negligence in General Practice Chapter 18 Emergency Medicine Chapter 19 Cardiology Chapter 20 Endocrinology Chapter 21 Neurology Chapter 22 Oncology Chapter 23 Psychiatry Chapter 24 Litigation in Clinical Radiology Chapter 25 Ophthalmology Chapter 26 General Surgery Chapter 27 Vascular Surgery Chapter 28 Chronic Pain Chapter 29 Anaesthesia Chapter 30 Neurosurgery Chapter 31 Spinal Surgery Chapter 32 Otolaryngology – Head and Neck Surgery Chapter 33 Orthopaedics Chapter 34 Urological Surgery Chapter 35 Cardiothoracic Surgery Chapter 36 Dental Surgery Chapter 37 Obstetrics Chapter 38 Gynaecology Chapter 39 Neonatology Chapter 40 Imaging for Perinatal and Early Childhood Neurological Problems Chapter 41 Medicolegal Issues in Haematology Index

Read more less

Book SynopsisSpecially Commended at the William Hill Sports Book Awards A footballer dies of dementia, younger than he should A 14-year old-rugby player is told to play on through multiple blows. He never wakes up from the last one A scientist reveals a pattern of brain disease in NFL players and is discredited A survivor of domestic abuse can't remember details when standing up in court From the creator of the award-winning podcast A Beautiful Brain. This is the story of the degenerative brain disease, Chronic Traumatic Encephalopathy (CTE), concussive and sub-concussive trauma. It is also a story of power, of science and sport, and of the bodies that society deems worth sacrificing. It is an investigation that explores the truth about concussion in sport and beyond it, from the social dynamics that send young men into violent sports, to the scientists searching for truth and the families living with consequences. This story belongs to those families. A Delicate Game explores the passion and fury of sport, truth and justice, violence against women, privilege, love, greed, hope and redemption. It's going to change the way you think about sport forever. Reviews'This book is vital, compassionate and fascinating. It has and will continue to change lives all over the world' - Steve Thompson'Moving...persuasive...timely...absorbing...well-researched...required reading' Sunday Times'Walker-Brown takes us on a gripping and heartbreaking journey through the human debris of sport' The Guardian'Hana Walker-Brown is a powerful new voice in narrative non-fiction. A Delicate Game is sensitive, crushing, vivid and unforgettable' Will Storr'A MUST read book for anybody involved in sports, the facts and truth needs to be common knowledge for everyone.' - Alix Popham'A Delicate Game is a beautifully written, deeply moving and absolutely mind-blowing read. Hana Walker-Brown gives such deep insights that it often feels like you are right next to her in her encounters, privileged enough to be listening. A Delicate Game combines excellent investigative reporting with a uniquely passionate voice that is calling for immediate action. Everyone should read this book!' - Julia Ebner'A heartbreaking but really important book. I can hugely recommend to all' Fi Glover'Sharp, smart and vital. Walker-Brown is a super duper mega talent' - Anneka Harry'It is hard to summarise the level of skill required to execute a multifaceted book like this. A book with real depth that will stay with me for a long time. The literary world of investigativTrade ReviewPraise for The Beautiful Brain'I can't even tell you how many women and their caregivers found us and joined our support groups thanks to The Beautiful Brain and Hana's work on TBI in Domestic Violence because I have lost count! There is a true power in this work -- Katherine Snedaker, Founder and CEO of Pink ConcussionsI can't stop thinking about its core message - the breadth or argument and depth of detail are remarkable -- Gillian Reynolds * Sunday Times *It's gripping and essential - if often overwhelmingly poignant and righteously enraging, as much a call-to-arms as a piece of investigative journalism * Esquire *Hana Walker-Brown is an incredible talent, deftly shifting between storyteller, science communicator, and political commentator. Prepare to be informed, devastated, and to find yourself raring to join in the campaign to make sure head trauma is understood and prevented at all costs." -- Dr Sophie MortMoving...persuasive...timely...absorbing...well-researched...required reading * Sunday Times *A well-timed and comprehensive publication for all sports men and women * Irish Times *An ambitious and powerful piece of investigative journalism . . . [Walker-Brown's] writing is political in the best sense, protest writing, a clarion call of great conviction and urgency * Irish Examiner *

Read more less

Book SynopsisA footballer dies of dementia, younger than he should.A teenage rugby player plays on through multiple blows - and never wakes up from the last one.A scientist reveals endemic brain disease in NFL players and is discredited.From the gladiator arenas of history to the rugby pitches of today, athletes have always forfeited their bodies for sport, with grievous bodily contact consistently celebrated as the ultimate performance of toughness and masculinity. But at what cost? This is the story of Chronic Traumatic Encephalopathy (CTE) - a degenerative brain disease caused by repeated blows to the head, and whose impact in the sporting world is only now coming to light.A Delicate Game is a searing investigation that explores the truth about brain injury in sport and beyond it, from the social dynamics that send young men into violent and dangerous pursuits, to the scientists searching for truth and the families living with the consequences - and it will change the way you think about sport forever.'Beautifully written, deeply moving and absolutely mind-blowing' Julia Ebner'A clarion call of great conviction and urgency' Irish ExaminerTrade ReviewPraise for The Beautiful Brain'I can't even tell you how many women and their caregivers found us and joined our support groups thanks to The Beautiful Brain and Hana's work on TBI in Domestic Violence because I have lost count! There is a true power in this work -- Katherine Snedaker, Founder and CEO of Pink ConcussionsI can't stop thinking about its core message - the breadth or argument and depth of detail are remarkable -- Gillian Reynolds * Sunday Times *It's gripping and essential - if often overwhelmingly poignant and righteously enraging, as much a call-to-arms as a piece of investigative journalism * Esquire *

Read more less

Book SynopsisThe Valuation of Monetary Damages in Injury Cases includes many examples and work samples presented derive from actual cases, and accompanying discussions intend to provide on-point, insightful, and instructive analyses to promote the discernment and presentation of injury damages. Additionally, this book offers many practical, tested resources—information-gathering forms, sample retention letters and agreements, affidavits, and administrative documents, etc. — to facilitate and safeguard expert and lawyer efforts to gather, assemble, and preserve information necessary to perform competent analyses during adversarial proceedings.

Read more less

Book SynopsisThis is a practical and comprehensive guide to making a claim under the government's tariff based scheme for compensating victims of violent crime. This new edition uniquely pulls together, in one handy volume, the original 1996 tariff based scheme, the 2001 scheme, the 2008 scheme and the tribunal rules that accompany it, as well as the latest 2012 scheme. Divided into three sections - eligibility, assessment of compensation, and the procedural aspects of the scheme - this text provides a one-stop source of information for all those practising in this field. Considered the definitive book on the subject, its key features include: * commentary on all the recent judicial review decisions * detailed guidance on the approach of the authority and the First Tier Tribunal to some of the more difficult issues of interpretation of the schemes * specific guidance on the approach to and calculation of an applicants' losses * detailed summaries of relevant case law * practical advice on preparing, obtaining evidence for and presenting claims * detailed reference to the procedural rules, practice directions and the Guides to each Scheme. This is essential reading for practitioners looking to improve their applicants' chances of receiving the appropriate compensation.Table of Contents1: Introduction; Part I: Eligibility; 2: Crimes of violence; 3: Trespass on a railway, law enforcement activities and use of a vehicle; 4: Criminal injuries; 5: Family violence and other constraints on eligibility; 6: Failure to report or co-operate; 7: Conduct and character; Part 2: Assessment of Compensation; 8: Assessment of compensation-injury awards; 9: Compensation for loss of earnings and pension loss; 10: Compensation for special expenses; 11: Deductions; 12: Compensation in fatal cases; Part 3 - Procedure; 13: Jurisdiction, time limits and transitional provisions; 14: Making an application for compensation; 15: Seeking a review and time limits; 16: Evidence and disclosure; 17: Appealing against a review decision; 18: The appeal hearing; 19: Reconsideration and re-opening of final decisions; 20: Further appeal routes; 21: Administration of awards; Index.

Read more less

Book SynopsisThe management of catastrophic injury claims is complex. They involve detailed and ongoing care and rehabilitation regimes; sophisticated case management involving technical procedural matters often involving the Court of Protection, significant use of expert evidence, as well as complicated settlement and financial structures including periodical payment orders.Involving numerous experts of different disciplines, these claims require the practitioner to ''marshal'' and manage the team, as well as particular requirements regarding client care.The APIL Guide to Catastrophic Injury Claims provides a guide to best practice in the complex area of catastrophic injury litigation. The text provides guidance on case management, practical help in dealing with and addressing issues of expert evidence, an in-depth discussion of damages and an analysis of relevant primary source material.

Read more less

Book SynopsisFatal accidents present the lawyer with a set of problems distinct from those of non-fatal personal injury claims. In particular, who does the law categorise as a dependant and how do you calculate the claim for dependency?The APIL Guide to Fatal Accidents, now in its fourth edition, provides practical advice on how to run a case involving a fatal accident and how to secure maximum awards for the family, friends and estate of the deceased.Useful practical materials such as client questionnaires, draft pleadings and schedules of damages complement the text. In addition the relevant statutory materials and the latest edition of the Ogden Tables are reproduced for ease of reference.

Read more less

Book SynopsisAPIL Guide to MIB Claims: Uninsured and Untraced Drivers provides the practical advice that all personal injury litigators handling RTA cases need to advise clients whose claims involve untraced and uninsured drivers. These cases have always been fraught with procedural difficulties and the technical nature of the Uninsured Drivers? Agreement 1999 has increased the risks of default by claimants and solicitors.

Read more less

Book SynopsisFour Volume SetAn authoritative, in-depth study of issues in products liability litigation, this comprehensive treatise traces the law of products liability from its roots in contract and tort to its development into the challenging, complex modern law of the subject. Practically organized and clearly written, the treatise provides detailed descriptions of case law governing: what constitutes a product a general definition of products, followed by an in-depth examination of various types of product defects firms in the chain of distribution that can be liable for a product defect who in the consumer chain can make a claim for damages defenses involving consumer conduct general principles of proof and causation applicable to this area of law punitive damages the procedural and remedial concepts that surround the substantive law. Trial lawyers in products liability cases, corporate counsel for firms that manufacture or sell products, and casualty insurance firms will find this treatise a crucial resource in formulating litigation strategies. Its clear and fact-based approach makes it a valuable addition to court libraries, law school libraries, and courses in torts and products liability.Table of ContentsContents: VOLUME 1 PART I THEORIES OF LIABILITY 1. Representational Backgrounds 2. The Culpability Spectrum on Representations 3. Express Warranty 4. Tort Theory of Non-Fault Misrepresentation 5. Negligence and Intentional Torts 6. Implied Warranty 7. Strict Liability PART II THE DEFECT 8. General Definitions of Defect 9. Design Defects 10. State of The Art 11. Sources of Standards for Product Design and Performance VOLUME II PART III ECONOMIC RELATIONSHIPS IN PRODUCTS LIABILITY 12. Roles of Sellers and Providers 13. Successor Corporations 14. Adjusting Liabilities Among Distributors: Contribution, Indemnity, and Comparative Apportionment 15. The Role of Workers' Compensation 16. The Consumer Chain PART IV RISK ALLOCATION THROUGH BARGAINING AND PROVISION OF INFORMATION 17. Disclaimers 18. Used Products 19. Duty To Warn 20. Contributory Negligence and Assumption of Risk VOLUME III PART V CONSUMER CONDUCT 21. Misuse 22. Comparative Doctrines: Fault, Causation, and Liability PART VI PROBLEMS OF PROOF AND CAUSATION 23. General Legal Principles of Proof and Causation 24. Res Ipsa Loquitur and Related Doctrines of Inference 25. Remedial Changes VOLUME IV PART VII SPECIAL PROBLEMS OF CHARACTERIZATION 26. Theories of Liability in Conflict 27. The Economic Loss Problem 28. Characterization and Statutes of Limitations PART VIII REMEDIES AND PROCEDURES 29. Punitive Damages 30. Statutes of Limitations and Repose 31. Jurisdiction and Procedure PART IX GENERAL LEGAL ISSUES 32. Extended Consequences: Duty and Proximate Cause PART X LEGISLATION 33. State Statutes PART XI COMPARING PRODUCTS LIABILITY: CONCEPTS IN EUROPEAN AND AMERICAN LAW E1 Overview E2 Products and Consumers E3 Producers E4 Damages E5 Theory of Liability: Strict Liability E6 Defect E7 Warnings E8 Defenses E9 Proof E10 Apportionment of Liabilities E11 Repose and Limitations E12 Contracting Out: Prohibition of Exclusions E13 Remedies E14 Assessment Index

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book SynopsisThe volume focuses on litigation damages, economic and non-economic, including punitive damages; their definitions, calculations, and assignments in the US and EU. The objective is to examine areas of convergence and divergence in the academic and practical treatment of damages issues in the US and EU. Many of the chapters in the volume are drawn from the papers and discussions generated at the Transatlantic Dialogue meetings of the National Association of Forensic Economics that began in Edinburgh, Scotland, in 2004. That meeting focused on the development of the 'Ogden' multipliers for calculating damages mandated for consideration by UK Courts in 1999. The 2005 meetings (Dublin, Ireland) centred on Markov methodologies used in the US for generating work-life tables and their adoption into damages multipliers, punitive damages, and the process of Irish tort reform. In 2006 discussions in Florence, Italy, focused on methods for calculating non-economic damages in the US and EU as well as the process of harmonization of tort law within the EU. Most recently, the 2007 discussions in Barcelona, Spain, dealt with comparisons of scheduled damages systems in the US and the EU.Table of ContentsAbout the Authors. The transatlantic dialogue: An introduction. The development of an actuarial approach to the calculation of future loss in the UK. Economic damages and tort reform: A comparative analysis of the calculation of economic damages in personal injury and death litigation in the United States and the United Kingdom. Accounting for the effects of disablement on future employment in Britain. Estimating and using work life expectancy in the United Kingdom. Markov work life table research in the United States. Periodical payments awards and the transfer of risk. The U.S. approach to computing economic damages due to personal injury and wrongful death. Principles of compensation for injury and wrongful death in Ireland. Doing away with inequality in loss of enjoyment of life. Scheduled damages and the American tort environment. Examples of “schedules of damages” used in Europe and the United States. International data and the forensic economist: A guide to sources and uses. Contemporary Studies in Economic and Financial Analysis. Personal Injury and Wrongful Death Damages Calculations: Transatlantic Dialogue. JAI Press is an imprint of Emerald Group Publishing Limited.

Read more less