In claims involving life-changing injuries the future losses are, in most jurisdictions around the world, the biggest single element of the compensation. Calculating these future losses involves the instructed lawyers combining their skills in analysing the law and the evidence. At times it feels like we are mystics attempting to read a crystal ball to reveal what the future holds for our client. Key variables include medical, mortality and economics risks. A key question we must all ask ourselves is what are we attempting to achieve? The answer from most of the international lawyers that I have spoken to over the years is full compensation. But what does that important phrase mean and how much does it vary from country to country? Is it solely focused on meeting the claimant’s injury related needs, or does it factor in what society, or insurers, say they can afford? …
€ (Westlaw)
Julian Chamberlayne, ‘Compensation for future losses: an international comparative review’ [2024] Journal of Personal Injury Law (1) 37.
Leave a Reply