Methods of ascertainment of personal damage in Australia.

George Mendelson, D Mendelson

Research output: Chapter in Book/Report/Conference proceedingChapter (Book)Otherpeer-review

Abstract

This chapter illustrates the historical, judicial and juridical framework of personal injury assessment and compensation in Australia, illustrating the expert’s qualification and competences and the ascertainment methodology for identifying, describing and estimating any personal injury, its temporary and permanent consequences and the causal value/link between the event and the injury and between the injury and the impairment. In particular, the chapter discusses the principles related to the assessment of personal injuries and impairment, both physical and psychiatric, when assessing the extent of damages resulting from traffic accidents and from wrongful injuries sustained in other compensable circumstances, such as medical malpractice, in Australia. The emphasis is on the medical methods of ascertaining the quantum of damages, which in Australia is generally undertaken in accordance with impairment rating instruments prescribed by statute.
Original languageEnglish
Title of host publicationPersonal Injury and Damage Ascertainment under Civil Law
Subtitle of host publicationState-of-the-Art International Guidelines
EditorsSanto Davide Ferrara, Rafael Boscolo-Berto, Guido Viel
Place of PublicationCham
PublisherSpringer
Chapter25
Pages467-504
Number of pages38
ISBN (Electronic)7983319298122
ISBN (Print)9783319298108
DOIs
Publication statusPublished - 2016

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