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Multiple Injuries

PostPosted: Mon Jun 02, 2014 3:39 pm
by Voldemort
Hello all,

I have a query relating to how damages are calculated for multiple injuries caused by one accident. I do not have the specifics other than their claim relates to the knee, back and shoulder following an accident; hence this is more of a general question.

I am aware of the Judicial Studies Board Guidelines - however it doesn’t seem to address the calculation methodology if an individual has sustained multiple injuries.

I have read contradicting commentary – some seem to infer that multiple injuries are awarded more than the sum of the individual amounts because of the disability “magnifying effect” of sustaining injuries to different parts of the body. Other sources conclude that the overall award is less the sum of the parts because of an “overlapping effect”.

I’m assuming this relates to where those injuries might be and/or if they have the same physical effect on the individual?

Re: Multiple Injuries

PostPosted: Mon Jun 02, 2014 9:55 pm
by dls
It is a medical expert question first and last, not really one of law, Diferent sets of injuries will combine differently. There is no general rule of law that I know of.

Re: Multiple Injuries

PostPosted: Tue Jun 03, 2014 8:16 am
by Voldemort
Thank you dls.

Re: Multiple Injuries

PostPosted: Tue Jun 03, 2014 6:29 pm
by atticus
I'm not a personal injury lawyer.

However, I can see how some aspects of damage can be magnified. An obvious example might be that the loss of two hands exceeds twice the loss of one in effect on the injured person's daily life.

I can also see the "overlapping" point. If each injury separately prevents you working, you should only be compensated for that once.

I suspect that the effects differ according to the head of loss for which damages are claimed.

Re: Multiple Injuries

PostPosted: Tue Jun 03, 2014 10:11 pm
by dls
isn't it the case that any injury of any seriousness will have multiple aspects. What matters is the combined total.