Excerpt from course description

Personal Injury Claims Handling, part II

Introduction

An in-depth introduction to evaluation and calculation of compensation after personal injuries. Main focus on injuries after motor accidents, but also occupational injury and disease and injury caused by negligence or malpractice by a hospital or a medical professional are discussed. Topics from tort law and legal practice are discussed with focus on contributory negligence by the injured party recourse and limitation period.

Course content

Calculation of compensations - overview, repetition from Personal Injury Claims Handling 1

Casual connection
De facto casual connection – medical assessment and legal problems

  • Terms introduced in Norwegian courts and legal theory as means of evaluation of casual connection ("betingelseslære", "sårbarhetsprinsipp", "uvesentlighetslære")
  • Biomecanics
  • Foreseeable casual connection

Compensation according to Third party motor insurance – Motor Vehicle Liability Act (bal.) § 7

  • Contributory negligence on the part of the claimant
  • Overview of bal. § 7 - related to bal. § 8
  • Relation to Act relating to compensation in certain circumstances (skl.)

Workmen’s compensation insurance

  • Casual connection
  • Calculation of compensation

Liability for injuries caused by medical malpractice

  • Casual connection
  • Calculation of compensation

Limitation period according to Insurance Contracts Act and other statutes

Doctrine of identification

Right of recourse

  • Third party motor insurance – Motor Vehicle Liability Act §§ 8, 12 and 13.
  • Other liability insurance - Act relating to compensation in certain circumstances (13.6.1969, no. 26) §§ 3-7, 5-1 and 5-4.

Compensation as per agreement

  • Settlement
  • Reopening – invalidity, Contract Act §36
  • Reconciliation

Ethical dilemmas connected to claims handling

Interpretation and understanding of court decisions

Development in the legislation regulating compensation for personal injuries - NOU(Official Norwegian Report) 2011:16

Disclaimer

This is an excerpt from the complete course description for the course. If you are an active student at BI, you can find the complete course descriptions with information on eg. learning goals, learning process, curriculum and exam at portal.bi.no. We reserve the right to make changes to this description.