overall negligence evaluations

• Cost

  evidence to show injuries, medical reports

  eye witness and experts e.g. independent accident investigator

  deter potential C's, issue with access to justice

  obtain valuations, want to be paid
• Delay

  report passed by D to insurance company, likely to take over conduct of care

  C can be reassured to receive compensation

  C.A - companies receive many claims, investigate thoroughly for genuine claims

  complicated/extensive evidence, takes months/years, strain emotionally and financially
• Need for Lawyers

  help with claim, assistance to obtain enough evidence

  Some use a 'no win, no fee' arrangement, financial risk, only offered if good chance at succeeding (75%)

  not pursue case if not considered to be successful

  negotiate settlement to avoid court actions
• Judicial Law Making

  developed mainly from judicial precedent, unelected judges, lack technical competence to deal with issues of civil liability

  development of precedent in tort come from centuries of judicial experience

  judges have the right/duty to develop rules of law, self-restraint is important