L204 Personal Injury And Clinical Negligence Law

Question:

Discuss the Personal Injury and Clinical Negligence laws. According to Miss Pemberton’s instructions, the organization must file a lawsuit against James O’Malley.

Miss Pemberton provides two sets of documents which detail the accident and her medical condition.

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Answer:

A few months ago, Mr. Watson met Samantha Pemberton. Samantha is a cleaner at St Bartholomew’s Infant School.

She was still recovering from a serious car accident.

According to Miss Pemberton’s instructions, the organization must file a lawsuit against James O’Malley.

Miss Pemberton supplied two sets of documents detailing the accident and her medical condition.

Our firm spoke with Mr. O’Malley’s insurer.

Mr. O’Malley has accepted his liability.

But, he also claims that Miss Pemberton was negligent.

Both entities agree to reach a settlement.

Particulars

Sum

Earnings lost net

Cost of car repair

Total cost

The incident occurred on 13 September 2016 at around 6.30 pm. Miss Pemberton drove her car towards her friend’s place.

She stopped her car at one of the traffic lights.

It was then that her mother called and she answered the phone.

She was able to grab the phone by the handle of the phone and quickly removed her seatbelt.

At that moment, the lights were turned on and all the cars following her hooted. She was forced to leave the car.

As she was driving, she noticed that a green Fiat Uno was speeding towards her.

Instead of slowing down, he pulled to pass partially parked cars.

She remembered that the driver was talking on the phone and laughing while driving.

When she suddenly slowed down, both cars collided and her head hit the windshield.

Because she wasn’t wearing her seatbelts, she banged her head very hard against the car’s windscreen.

Her forehead and neck were immediately hurting.

Additionally, she also damaged her iPhone which was brand-new to her. She paid PS399 for the windshield.

The police arrived at the accident site and she was taken to hospital in an ambulance. There, they spoke with Mr. James O’Malley the driver.

In order to relieve her pain, she was administered painkillers at the hospital.

The concussion was confirmed.

For the next night, she was kept in the hospital.

After the accident, she was placed on long leave of 12 weeks. She lost PS205 each week.

For eight long weeks, she was also required to visit her mother, who is a retired individual.

She also missed out on her former sports, including hockey and swimming, because Miss Pemberton had been injured in an accident.

To repair her car, she also had to pay PS750.

She was unable to lift heavy objects and had a lot more pain from moving around after joining the school.

A cleaner was also hired by her to clean her home, for which she paid PS35 per week.

Her treatment was also expensive.

Ogden table states that both the personal injury and property loss should be claimed by each head.

Pemberton’s driving mistakes included negligence and seat belt violations. In addition, Pemberton was hampered by the interference by another car.

As such, both expenses can be claimed for loss return.

Miss Pemberton didn’t wear her seatbelt so she was also at risk.

She would have sustained less damage if she had been wearing her seatbelt.

But, she had made a claim against O’Malley regarding the accident and he had admitted to his fault.

Both parties were keen to settle the matter between themselves. This is a good thing considering that both are partly responsible for the road accident.

Miss Pemberton was the victim of this accident and she still desired to reach a settlement.

This can be called a win-win situation for both parties. Miss Pemberton should be careful while driving her car.

For Mr. O’Malley, the same must be observed and he should cease receiving calls while driving.

The settlement date is set for 12 June 2017.

The settlement process must be completed by both the parties.

Reference List

Buckley R. Buckley R. Buckley R. Buckley R. Buckley (1st edition, LexisNexis Butterworths (2015))

Rogers R. and Cavanaugh J. Personal Injury (2015) 3 Behavioral Science & the Law

Chu J. “Analysis And Evaluation Of Victorian Reform Under General Damages For Personal Injuries Under The Tort Of Negligence”, (2013) 12 Deakin Law Review

Fraudulent and exaggerated claims (1st edn XPL Pub 2016, 2016)

Froehlich C. “Imputation Of Contributory Negligence between Spouses To Bar Recovery for Personal Injuries” (2014) 42 California Law Review

MARDELL, J., Personal Injury and Clinical Negligence Lawsuit 2017 (1st edition, COLLEGE O LAW Publishing 2017).

“Negligence – Contributory: Personal Injuries: Proximate Cause” (2013) 2 Michigan Law Review

Stair R. Law Enforcement Responder (1st edn Jones & Bartlett Learning 2013).

Wells, M.T.

A Study of Pain and Suffering in Personal Injury Cases:

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