scholarly journals Deducting collateral benefits from damages: principle and policy

Legal Studies ◽  
1998 ◽  
Vol 18 (1) ◽  
pp. 15-40 ◽  
Author(s):  
Richard Lewis
Keyword(s):  
Social Security ◽  
The State ◽  
Personal Injury ◽  
Policy Decisions ◽  
Insurance Law ◽  
Personal Injury Litigation ◽  
Important Policy ◽  
Accident Victim ◽  
The Law

Schemes for compensating injury which operate alongside each other call for important policy decisions to be made concerning their inter-relationship. Are they to take account of one another and, if so, to what extent? These issues can arise in a variety of contexts. Within particular regimes they are the concern, for example, of the overlapping benefit regulations in social security law and the rules relating to contribution in insurance law. However, the focus of this article is upon personal injury litigation. It examines the policy reasons which have been used to justify the different results reached by the law when faced with the problem of ‘collateral benefits’ received by an accident victim also seeking damages. Typically, these benefits are received from the state, or an employer, or an insurer.

Actuarial Assessment of Damages

1968 ◽  
Vol 94 (3) ◽  
pp. 293-343 ◽  
Author(s):  
J. H. Prevett
Keyword(s):  
Point Of View ◽  
Personal Injury ◽  
Fatal Accident ◽  
Actuarial Assessment ◽  
Working Paper ◽  
Personal Injury Litigation ◽  
Actuarial Approach ◽  
The Law ◽  
Set Up ◽  
Law Commission

The purpose of this paper is to provide an opportunity for discussion within our profession of ‘the use of an actuarial approach and actuarial evidence’ in the assessment of damages arising out of personal injury and fatal accident litigation. The need for such a paper was intimated in the pages of our Journal by William Phillips in his Review of Principles of the Law of Damages by Professor Harry Street. Since the publication of what Phillips described as ‘from the actuarial point of view…the most important legal textbook which has been published in the last 50 years’ the employment of actuaries in this field has been widely discussed within the legal profession. The most important recent development has been the inclusion of personal injury litigation as Item VI of the first programme of the Law Commission set up by the Law Commission Act, 1965. The words quoted in the first sentence above are taken from the list of ‘Questions for Examination’ under (b) of Item VI, ‘Assessment of Damages’. The current examination being conducted by the Law Commission makes this a particularly appropriate time for a sessional meeting on this subject. The writer has had the advantage of a sight of a preliminary Working Paper prepared by the Law Commission and will be quoting certain extracts from that paper below. It must however be stressed that the Working Paper is a preliminary one which attempts to do no more than canvass views: it in no way sets out the conclusions of the Law Commission on the matters discussed.

Accidents, Money, and the Law: A Study of the Economics of Personal Injury Litigation

1961 ◽  
Vol 61 (1) ◽  
pp. 1 ◽  
Author(s):  
Marc A. Franklin ◽  
Robert H. Chanin ◽  
Irving Mark
Keyword(s):  
Personal Injury ◽  
Personal Injury Litigation ◽  
The Law

scholarly journals The Topical Issues of Coding the Regional Social Security Legislation (On the Example of the Volgograd Region)

Legal Concept ◽  
2019 ◽  
pp. 90-96
Author(s):  
Tatyana Derkacheva
Keyword(s):  
Social Security ◽  
Russian Federation ◽  
Common Property ◽  
System Analysis ◽  
The State ◽  
Federal Law ◽  
The Social ◽  
The Russian Federation ◽  
The Law ◽  
Law Making

Introduction: social security is one of the most important elements of the social policy of the state. Many legal acts are adopted in the social security field. In order to ensure the uniform understanding and interpretation of the content of the normative legal acts in the social security field, their systematization as well as the practical application in the law enforcement process the regional legislators have codified the social security legislation in a number of subjects of the Russian Federation. Using the methods of scientific knowledge, especially the method of system analysis, it is found that the complexity of the problem involves the use of both the law-making and law-realization directions and forms of the legal adaptation of the current legislation of the state. The aim of the study is to conduct a comparative analysis of the social codes adopted in the subjects of the Russian Federation, to identify common approaches in the implementation of the law-making activities for the codification of the social security legislation. The system analysis of the law-making process on the codification of the social security legislation in the subjects of the Russian Federation allowed establishing that the adopted codes had significant differences in structure and content. However, having quite significant differences, the codes have a common property – each of them has one common characteristic – a special part of all adopted social codes is built on a categorical principle. Results: on the basis of the analysis some problems of the law-making activity of the regional legislators on the codification of the social legislation are revealed. Conclusions: 1) it is necessary to adopt a number of federal laws: a codified federal law defining the goals and objectives of the social legislation of the Russian Federation and the subjects of the Russian Federation, the federal law on the sources of law, on the delimitation of powers in law-making between the Russian Federation and its subjects; 2) to establish common principles for the country’s implementation of social security; 3) to develop a single conceptual framework that provides a single legal regime for regulating relations in the social security sphere; 4) to develop a model regional social code as a model for the regional legislators.

NON-PECIUNARY DAMAGE CRITERIA FOR COMPENSATION IN ADMINISTRATIVE CASES

2019 ◽  
pp. 136
Author(s):  
Violetta Beinaroviča-Šeslere
Keyword(s):  
Effective Means ◽  
State Power ◽  
The State ◽  
Personal Injury ◽  
State Management ◽  
Damage Compensation ◽  
Effective System ◽  
Injured Party ◽  
The Law ◽  
Damage Criteria

A reward of non-pecuniary damage compensation is a remedy for personal injury. If state management during realizing the state power, touches person's rights, a legal state need to be responsible for it. Non pecuniary damage compensation amount is complicated, because it involves filling the content with concepts that are not defined by law. All factors that have an impact on the law must be evaluated and the reimbursement provided is fair and proportionate - one that gives satisfaction to the injured party, and at the same time serves also as effective means of the legal protective and arrives at the preventive aim. The actuality of the work results from the fact that the existence of an effective system of compensation is one of the essential prerequisites for strengthening trust in the state

Compensation for Personal Injury: Comparative Incentives for the Interplay of Tort Law and Insurance Law

2017 ◽  
Vol 8 (1) ◽  
pp. 41-53
Author(s):  
Helmut Koziol
Keyword(s):  
Social Security ◽  
Tort Law ◽  
Security System ◽  
Personal Injury ◽  
Legal Systems ◽  
Social Security Systems ◽  
Security Systems ◽  
Insurance Law ◽  
Compensation Systems ◽  
The Social

AbstractThere are quite a lot of differences between compensation schemes in Europe when it comes to personal injuries. Under most legal systems the social security systems do not change the law of damages as the social insurer can take recourse against the tortfeasor. But particularly in Scandinavia the social security system displaces tort law by excluding the possibility of recourse and thus providing for a generous release from liability for the offender. These differences give the impression that they would prevent harmonisation of European compensation systems, but it seems that such differences are bridgeable.

Group personal injury litigation and public opinion

Legal Studies ◽  
1994 ◽  
Vol 14 (1) ◽  
pp. 70-87 ◽  
Author(s):  
Steve. Hedley
Keyword(s):  
Public Opinion ◽  
Law School ◽  
Personal Injury ◽  
Law Schools ◽  
School Group ◽  
Personal Injury Litigation ◽  
The Law

From within the law school, group personal injury litigation may be approached in various ways. Until very recently it was, indeed, ignored as an irrelevant foreign development: not perhaps ‘it could never happen here’, but at least ‘it hasn’t happened here, yet’. Now that it plainly has happened, it is nonetheless possible to ignore it. The question whether the snail in my ginger beer bottle can give rise to an action is not, in principle, affected by what other people found when they opened theirs; if it is said that in practice it cannot but be affected, the retort would be that the law schools need not concern themselves with the sort of practicalities involved. Indeed, group litigation barely rates a mention in most practitioners’ texts either; so many academics feel excused from considering it all, even as a mere footnote to the general run of cases.

ИЗМЕНЕНИЕ ПАРАДИГМЫ МЕТОДОЛОГИИ ЮРИСПРУДЕНЦИИ

2019 ◽  
Vol 13 ◽  
pp. 32-40
Author(s):  
Ю. М. Оборотов
Keyword(s):  
Legal Theory ◽  
Research Strategy ◽  
The State ◽  
New Paradigm ◽  
Methodological Question ◽  
Modern Development ◽  
Decisive Importance ◽  
The Subject ◽  
Methodological Approaches ◽  
The Law

В современной методологии юриспруденции происходит переход от изучения состо­яний ее объекта, которыми выступают право и государство, к постижению этого объек­та в его изменениях и превращениях. Две подсистемы методологии юриспруденции, подсистема обращенная к состоянию права и государства; и подсистема обращенная к изменениям права и государства, — получают свое отображение в концептуальной форме, методологических подходах, методах, специфических понятиях. Показательны перемены в содержании методологии юриспруденции, где определяю­щее значение имеют методологические подходы, определяющие стратегию исследова­тельских поисков во взаимосвязи юриспруденции с правом и государством. Среди наи­более характерных подходов антропологический, аксиологический, цивилизационный, синергетический и герменевтический — определяют плюралистичность современной методологии и свидетельствуют о становлении новой парадигмы методологии юриспру­денции.   In modern methodology of jurisprudence there is a transition from the study the states of its object to its comprehension in changes and transformations. Hence the two subsystems of methodology of jurisprudence: subsystem facing the states of the law and the state as well as their components and aspects; and subsystem facing the changes of the law and the state in general and their constituents. These subsystems of methodology of jurisprudence receive its reflection in conceptual form, methodological approaches, methods, specific concepts. Methodology of jurisprudence should not be restricted to the methodology of legal theory. In this regard, it is an important methodological question about subject of jurisprudence. It is proposed to consider the subject of jurisprudence as complex, covering both the law and the state in their specificity, interaction and integrity. Indicative changes in the content methodology of jurisprudence are the usage of decisive importance methodological approaches that govern research strategy searches in conjunction with the law and the state. Among the most characteristic of modern development approaches: anthropological, axiological, civilization, synergistic and hermeneutic. Modern methodology of jurisprudence is pluralistic in nature alleging various approaches to the law and the state. Marked approaches allow the formation of a new paradigm methodology of jurisprudence.

Urgensi Assesment Report Dalam Omnibus Law RUU Cipta Kerja

ADALAH ◽  
2020 ◽  
Vol 4 (3) ◽  
Author(s):  
Indra Rahmatullah
Keyword(s):  
Academic Research ◽  
Legal Protection ◽  
The State ◽  
The Law ◽  
Scientific Arguments

Abstract:A draft law must be able to answer and solve the main problem of the society so that with the existence of the law the community gets legal protection from the state. However, the draft of Cipta Kerja Law makes an endless controversy. In fact, the draft was allegedly containing some problems since its appearance. Therefore, academic research (Assesment Report) is needed so that the rules in the draft have basic scientific arguments that can be justified. Unfortunately, the draft does not conduct an assesment report to know whether the society need the law and urgent.Keywords: Legal Protection, Controversy and Assesment Report Abstrak:Sebuah rancangan undang-undang harus dapat menjawab dan menyentuh pokok permasalahan masyarakat sehingga dengan adanya undang-undang tersebut masyarakat mendapatkan sebuah perlindungan hukum dari negara. Namun, dalam RUU Cipta Kerja ini justru berakibat pada kontroversi yang tiada hentinya. Bahkan, disinyalir RUU ini mengandung kecacatan sejak awal pembentukannya. Oleh karena itu, dibutuhkan penelitian akademis sehingga aturan-aturan yang ada dalam RUU ini mempunyai basis argumentasi ilmiah yang dapat dipertanggungjawabkan yang salah satunya adalah dengan membuat Laporan Kelayakan. Sayangnya RUU ini belum melakukan laporan kelayakan apakah RUU ini dibutuhkan dan penting di masyarakat.Katakunci: Perlindungan Hukum, Kontroversi dan Laporan Kelayakan

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