Claims professionals join forces to help those with a mixed injury claim
A cross-sector working group, is working together with the aim of obtaining clarity on dealing with mixed injury claims from the courts. The group, with representation from three key professional associations (APIL, ABI, MASS), and their respective members, will work together to take forward a range of test cases to seek guidance from the senior courts as quickly as possible now that Part 1 of the Civil Liability Act is in force. All share the common goal to avoid any detriment to injured claimants.
This work is needed as neither the Civil Liability Act nor the Regulations directly address the question of how to value damages for Pain, Suffering and Loss of Amenity (PSLA) where a claimant suffers both a whiplash injury, to which a tariff will apply, and another injury to which no tariff will apply.