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101.6 The trial judge will probably accept the Claimant's word for any item of loss or expense so long as trust has been established. But the claims manager will rarely do so. If the primary objective is to be achieved: namely settlement, then receipts and documentation are pivotal.
101.7 The schedule The schedule of damage is the Claimant's primary tool. It is a form of communication and persuasion. It may also be a stumbling block and a land mine.
101.8 If used carefully and properly the schedule of loss and expense is short, neat, powerful, unanswerable and relied on by the trial judge to for the calculation of his award.
101.9 If drafted carelessly or improperly the schedule becomes a tool for destructive cross examination of the Claimant and an embarrassment as trial counsel abandons item after item in a vain attempt to stem the tide of incredulity that washes over the court whilst the Claimant's evidence is chipped onto the floor alongside the judge's trust in him. This topic is dealt with in more detail below.
101.10 The Civil Procedure Rules require that a schedule of loss and expense be served when the proceedings are issued: CPR 16PD4.2.
101.11 The medical evidence The whole of the claim for loss and expense is founded on the medical evidence. Without injury there is no personal injury claim. Without medical evidence no injury can be proven. It is therefore worthwhile asking the medical expert to consider and pass comment on many of the heads of damage. Certainly the orthopaedic expert should give his opinion on whether the Claimant can continue working in his previous job, driving a car, doing DIY, gardening, playing soccer or golf, carrying the shopping etc.
101.12 Moderation Judges prefer moderation in the presentation of the claim rather than grasping exaggeration. So the established route to a plump award is for the Claimant's lawyers to take upon themselves the task of moderating the Claimant's heads of claim and the level of each. This task is usually refreshingly |
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