An analysis on compensation of claims regarding to personal Injury and loss of earning on several court cases

Awang, Noor Azzah; Majid, Noriza; Saleh, Syadatul Syaeda Mat; Said, Jamaliah

doi:10.4314/jfas.v9i6s.28

Cited by 2 publications

(2 citation statements)

References 1 publication

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“…The Civil Law Act, 1956 also placed a cap of the claimable age for future loss of earnings at 55 years. The Act also prescribed a two-tier level of assessment; persons below the age of 30 and those who are between 30 and 55 (Awang et al, 2017). However, this age limit has now been increased to 60 years vide the Civil Law (Amendment) Act, 2019.…”

Section: Methodsmentioning

confidence: 99%

An Analysis of Inconsistent Methodology to Compute Permanent Future Nursing Care Costs in Personal Injury Claim

Husaini¹,

Salleh²

2021

JSSH

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Restitutio in integrum has been the underlying basis of assessment for damages under the corrective compensation scheme of the law of tort. This doctrine commands restoration of the claimant to the pre-existing condition prior to the commission of the tort. While this basis of assessment has no apparent problem in respect of pecuniary part of the claimable damages in a personal injury claim, however, from another side of the spectrum, there is an inconsistent methodology as to how to precisely calculate the ‘price’ of pain or even future loss. As a result, judicial activism plays its part in promoting its creativity of solution to the problem, leading to inconsistent methodology on this spectrum of damages that bears diverse output. The objective of this paper is to highlight the flaws of the inconsistent methodology for the assessment of permanent future nursing care. The method used for this research is by tracing the relevant authorities that use the various methods of computing the multiplier and analysing the outcome of each method. The findings revealed anomalies of output as each method produces different output without any qualification on why a particular method is chosen. This flaw in the computation of the multiplier for future losses other than related to loss of earnings should not remain viable as there is no consistency of the output based on similar factual circumstances. One of the solutions for this debacle is to forgo lump sum payment altogether and move towards structured settlement payment.

show abstract

Section: Methodsmentioning

confidence: 99%

An Analysis of Inconsistent Methodology to Compute Permanent Future Nursing Care Costs in Personal Injury Claim

Husaini¹,

Salleh²

2021

JSSH

View full text Add to dashboard Cite

show abstract

Section: Methodsmentioning

confidence: 99%

National Law in the Era of Industrial Revolution 4.0

2021

JSSH

View full text Add to dashboard Cite

Restitutio in integrum has been the underlying basis of assessment for damages under the corrective compensation scheme of the law of tort. This doctrine commands restoration of the claimant to the pre-existing condition prior to the commission of the tort. While this basis of assessment has no apparent problem in respect of pecuniary part of the claimable damages in a personal injury claim, however, from another side of the spectrum, there is an inconsistent methodology as to how to precisely calculate the 'price' of pain or even future loss. As a result, judicial activism plays its part in promoting its creativity of solution to the problem, leading to inconsistent methodology on this spectrum of damages that bears diverse output. The objective of this paper is to highlight the flaws of the inconsistent methodology for the assessment of permanent future nursing care. The method used for this research is by tracing the relevant authorities that use the various methods of computing the multiplier and analysing the outcome of each method. The findings revealed anomalies of output as each method produces different output without any qualification on why a particular method is chosen. This flaw in the computation of the multiplier for future losses other than related to loss of earnings should not remain viable as there is no consistency of the output based on similar factual circumstances. One of the solutions for this debacle is to forgo lump sum payment altogether and move towards structured settlement payment.

show abstract

An analysis on compensation of claims regarding to personal Injury and loss of earning on several court cases

Cited by 2 publications

References 1 publication

An Analysis of Inconsistent Methodology to Compute Permanent Future Nursing Care Costs in Personal Injury Claim

An Analysis of Inconsistent Methodology to Compute Permanent Future Nursing Care Costs in Personal Injury Claim

National Law in the Era of Industrial Revolution 4.0

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