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Alice H
Alice H, Solicitor/Partner
Category: UK Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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How Should I calculate & put damages in a Particular of

Customer Question

How Should I calculate & put damages for assault in a Particular of Claims?My main problem is I think the assault has been incorrectly diagnosed by the police, as a Judge has stated from the photographs it looks like actual bodily harm.Should I write a ballpark on the particular of claims or get a professional opinion?I thought of going to see a surgeon or an criminal injuries forensics, as assessment & asking him, to write me a quote for inclusion in the POC, would this be acceptable to a judge? Also should interest or any other damages be included for the assault?Or is a ballpark figure enough for inclusion?Should I also consult with a criminal injuries forensics, to ascertain costs to state on the POC?Thanks
Submitted: 9 months ago.
Category: UK Law
Expert:  Alice H replied 9 months ago.

My name is ***** ***** I am happy to help you today. Presumably you are not submitting the claim online?

Expert:  Alice H replied 9 months ago.

Do you have a medical report and have you sever it with your letter of claim?

Customer: replied 9 months ago.
Hi, no its not for a claim online, its for inclusion into a larger particular of claims for a larger hearingYes I have medical report, but it doesnt state the type of assualt or injury merely a description
Customer: replied 9 months ago.
Also the police refused to photograph the injuries, which is why it was incorrectly identified by the police
Expert:  Alice H replied 9 months ago.

You will need to serve a medical report with your particulars of claim so the court can assess the amount of damages your should be awarded; it's not for you to calculate a figure - the Judge will make the assessment. I suggest you set in your POC the nature of the injury you suffered and you should put in the band that the injury falls into. So you might say, for example, that a minor injury should be at no more than £3,000 or no more than £10,000. The effect of this is that the court can then decide which 'track' the case should be allocated. I have access to the Judicial Studies Board guide for assessment of damage for personal injury cases. If you give me a detailed description of the assault / injury I can give you an idea of which band the claim might fall into.

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