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Personal injury claims involve a person seeking compensation for damages or injuries suffered due to another party’s actions or negligence. In such cases, medical evidence is critical in determining the extent of the injuries, the level of disability, and the future treatment and care required by the injured party. Medico-legal services are crucial in personal injury claims as they provide objective medical evidence, opinions and prognosis.
Role of Medico-legal Services in personal injury claims
Medico-legal services play a critical role in personal injury cases by providing objective medical evidence and opinions to support a claimant’s case. Medico-legal services can provide a range of services to support a personal injury claim. These services can include medical examinations and assessments, expert witness testimony, and reports on the nature and extent of the injuries suffered by the claimant.
Furthermore, medico-legal services can also help assess the impact of the injuries on the claimant’s future life, including their ability to work, participate in activities they enjoyed before the injury, and maintain relationships. This information is crucial in determining the amount of compensation that the claimant is entitled to receive. Let’s have a detailed dive into these services:
Medical assessments and reports
In the UK, personal injury claimants must undergo a medical assessment by an independent medical expert appointed by the court or agreed to by both parties. The medical expert assesses the claimant’s injuries and provides a medicolegal report outlining the injuries’ extent. The report should be impartial and objective and not contain opinions on the case’s legal issues.
The Civil Procedure Rules (CPR) govern the use of medical reports in personal injury cases in the UK. The rules state the following:
- The medical expert should provide a clear and concise report.
- It must address the issues in the case, including the nature and extent of the injuries, the likely prognosis, and any recommended treatment.
- The report should also address any specific questions posed by the parties or the court.
Expert witness testimony
To give expert witness testimony, the medico-legal expert should have the appropriate qualifications and experience to provide an opinion on the issues in the case. The expert’s opinion should be impartial and objective. Furthermore, it must be based on the facts of the case and their expertise in the relevant area.
The Civil Evidence Act 1972 sets out the rules for expert witness testimony in the UK. The Act states the following:
- The expert witness should provide evidence relevant to the issues in the case.
- Their opinion must assist the court in reaching a decision (as the expert’s duty is only to the court).
- The expert should also provide an independent and impartial opinion, even if this opinion is not favourable to the party that appointed them.
Evaluation of future care needs
In the UK, personal injury claimants may be entitled to compensation for future care needs. It may include rehabilitation, ongoing medical treatment, and the support required due to their injuries. The court will consider various factors when determining the amount of compensation for future care, including the claimant’s age, life expectancy, and the cost of any necessary treatment or support.
Following the law set out in Odgen Tables, the following factors are considered:
- The life expectancy of the claimant
- The cost of treatment and rehabilitation
- Inflation (the tables are regularly reviewed and updated to reflect current economic conditions and medical advancements)
Calculation of damages
By law, if the injured person is not at fault, the party at fault is liable to compensate for the injuries caused. The law requires putting the claimant back in the position they would have been in if the injury had not occurred. The damages awarded can include compensation for pain and suffering, loss of earnings, medical expenses, and other related costs.
The law on the calculation of damages in personal injury cases is set out in the Civil Liability Act 2018. The Act introduced a new system for calculating damages for whiplash injuries and other minor injuries, which sets out fixed compensation amounts. For more serious injuries, the court will consider various factors when determining the amount of compensation, including the nature and extent of the injuries, the claimant’s age, and their future care needs.
Key Takeaways
In summary, medico-legal services are essential in personal injury claims as they provide objective medical evidence that can help determine the extent of the injuries and the amount of compensation the claimant is entitled to. These services are necessary for claimants to prove the extent of their injuries and receive fair compensation.
Are you looking for a winning strategy in your personal injury case? Look no further than Concise Medico.
As one of the top medico-legal service providers in the UK, they have the expertise and experience to provide the objective and impartial medical evidence and opinions you need to support your case and secure a fair compensation award. Don’t wait; contact Concise Medico today and take the first step towards a successful outcome!
