Tag Archives: Catastrophic Injury

Discount Rate: Medical Negligence / Catastrophic Injury Awards

Maintaining a longer-term perspective makes the volatility easier to handle

An unexpectedly large change to the discount rate, which determines compensation payments for those suffering life-changing injuries, has thrown the insurance markets and their legal advisers into disarray. Campaigners have long been arguing for changes to the ‘Ogden rate’, the mechanism allowing courts to fairly price catastrophic injury compensation payments to support pursuers financially throughout […]

Periodical Payments in Scotland

Damages awarded in catastrophic injury cases in Scotland have historically taken the form of a single, “once-and-for-all-time” lump sum. This monolithic approach – which follows an assessment of the injured party’s past and future monetary loss – has attracted serious criticism and adverse judicial comment. It asks a court to look into the future and […]