Provisional damages are often bought off as part of the overall settlement agreement but as Lauren Karmel and Jimmy Barber remind us it is important to consider whether this is appropriate. They offer some guidance in provisional damages in clinical negligence claims and practical steps to consider in the latest edition of AvMA’s Lawyers Services Newsletter.
Provisional damages claims can arise in clinical negligence claims, as in any other claim for personal injury. Orders for provisional damages are an exception to the usual principle that compensation is awarded on a ‘once and for all’ basis. The twin aims of such awards, which are two sides of the same coin, are (a) to avoid over-compensating a claimant for the small risk of a serious deterioration in their condition which might never arise and (b) to avoid under-compensating the unlucky claimant who does in fact develop a serious deterioration by permitting them to return to court to seek further damages. Read full article here.