Assessment of Personal Injury Damages, 6th Edition
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How to Calculate Damages
To evaluate loss in personal injury and fatal accident actions, a wide range of factors must be considered - future earning capacity, costs of care, and numerous other levels of personal injury damages.
Assessment of Personal Injury Damages, 6th Edition will help you to properly determine the amount a plaintiff is owed. For ease of use, the book contains three sections:
- Calculation of damages – sample calculations for different types of losses using simple, tested formulae from the authors' own practice
- Statistical information – fully updated financial and statistical data from academic research and government statistical agencies such as Statistics Canada, covering education, income, household expenses, retirement, divorce and remarriage, earning prospects of the severely disabled, and more. Includes, interest rates, inflation, cost of living, and average wages
- Additional issues – practical information on how to select, examine, and cross-examine expert witnesses. Also covers strategies for disbursing awards
What's New in this Edition
- Updated Charts and Tables – includes fully updated charts and tables, analyzed and summarized for you, plus the latest court decisions from across Canada
- Management Fees – significantly detailed new section
- Cross versus Sole Dependency – revised analysis
- Criminal Activity – new section
- Sexual Abuse – new section concerning its effects on education/income
- Impact of a Mid-Career Change on Earnings – new section
- Economy-wide Changes in Productivity and Real Wages – revised discussion
- Discount Rates – significantly updated commentary including advantages and disadvantages of basing discount rates on Government Bonds, Annuities/Structure Settlements or Mixed Portfolios of Secure Investments
- Admissibility of Expert Evidence & the Expert’s Report – updated discussion
A Comprehensive Calculation Handbook for:
- Civil litigators seeking arguments for how damages are calculated, including strengths and weaknesses of arguments
- Accountants who rely on calculations when preparing statements about income loss
- Department of Justice employees who need a reference for composing personal injury and insurance legislation
- Law libraries that need an up-to-date reference on calculation of personal injury damages
- Structured Settlement Brokers responsible for negotiating and disbursing tax-effective payout of settlements
Table of contents
How to Use This Book
Chapter 1: Personal Injury – Excluding Cost of Care
Chapter 2: Personal Injury – Cost of Care
Chapter 3: Fatal Accident Claims
Chapter 4: Without-Accident Earnings
Chapter 5: With-Accident Earnings
Chapter 6: Rates of Growth of Earnings
Chapter 7: Positive Contingencies
Chapter 8: Negative Contingencies
Chapter 9: Retirement
Chapter 10: Household Services
Chapter 11: Dependency Rates
Chapter 12: Remarriage and Divorce
Chapter 13: The Discount Rate
Chapter 14: Experts
Chapter 15: Structured Settlements