focus in
# 888660
USD 395.00 (Book Not in Ready Stock, will take 45-60 days to source and dispatch)
- +

Personal Injury Claims, 3rd Edition, 2 Volumes

Author :  S. Santhana Dass

Product Details

Country
Malaysia
Publisher
Marsden Law Book Sdn Bhd, Malaysia
ISBN 9789671756348
Format HardBound
Language English
Year of Publication 2023
Bib. Info 1700p. 2v.
Categories Law
Shipping Charges(USD)

Product Description

In the Third Edition the learned author not only seeks to update the case laws in the area of personal injury but has also incorporated the several key legislative changes brought about by the recent amendments to the Civil Law Act 1956 (Revised 1972)(Act 67) via the Civil Law (Amendment) Act 2019) (Act A1591) which came into force on 1 September 2019 [PU(B) 330/2019] and the amendments to the Limitation Act 1953 (Revised 1981)(Act 254) via the Limitation (Amendment) Act 2018 (Act A1566) which also came into effect on 1 September 2019 [PU(B) 329/2019]. Both these amendments have a substantial impact on this area of the law. The book discusses the vital procedural rules that are applicable to filing the claim, the conduct of the trial, and finally, the appeal (if any). It also covers the liability aspects and the various areas of negligence and nuisance which results in personal injury or dependency claims. The major part of the book pertains to the principles governing the assessment of damages. In this regard, the author has robustly dealt with some of the recurrent issues that have plagued the topic of damages and which are as yet, unresolved and/or which need to be explored further. The author has also alluded to some areas where legislative intervention is necessary. The author has touched on the role of the Compendium of Personal Injury Awards and as to whether it should remain a guide, or be made compulsory for the sake of achieving some measure of consistency of awards. The author has also discussed the topic of awards for long-term nursing care, future prosthesis replacement and maintenance claims, etc. (which are usually quite substantial) and whether the monies payable under these heads of damages should be managed by a trust corporation (Amanah Raya Berhad) rather than being paid directly to the claimant so that the funds are better managed and not squandered, dissipated or misused. The author has also discussed the controversy in regards to whether all amputees (across the board) should be given compensation based on the cost of the state-of-the-art prosthesis and whether the claimant has any duty to mitigate in relation to such awards. There are several other topics of relevance to personal injury claims that the author has touched upon and which the reader, will find both relevant and necessary for the purposes of properly and effectively handling personal injury or dependency claims in court. The appeal and importance of this book, Personal Injury Claims (Third Edition) by S. Santhana Dass lies in the fact that it is written by an expert legal practitioner, principally for the benefit of legal practitioners. It is up-to-date with the most recent case laws and legislative amendments. I have no doubts at all, that the book, which has been lucidly written, will enable the practitioner to have a proper understanding of the law and procedural rules concerning personal injury and dependency claims.

Product added to Cart
Copied