Actuarial Tables

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To calculate the value of lost earning capacity, i.e. losses that will go into the future, lawyers and Courts are required to use an actuarial formula to put a monetary value on future losses. Damages for pecuniary loss are paid as a lump sum. Consequently, it is necessary to calculate the size of the lump sum in every case. The … Read More

Common Law Release

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Once a common law claim is resolved or settled by negotiation, the settlement must be documented. This is done by the claimant signing a common law release. The release simply provides a written record of the fact that a settlement has been reached. The TAC will not pay the settlement sum until it has a release signed by the claimant. … Read More

Contributory Negligence

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Lawyers will often use the abbreviated expression – “Con Neg”. What they mean is contributory negligence. Contributory negligence is negligence on the part of the injured person. Sometimes, accidents occur as a result of both parties being negligent. If the seriously injured person can show that the other driver was negligent then there is an entitlement to receive TAC common … Read More

Cost Agreement

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This is a term used to describe the agreement between the injured person and their lawyer. It is often used to describe a conditional fee agreement which can also be known as a “No Win/No Fee” agreement, a “No Success/No Fee” agreement etc. Such agreements are regulated by the Legal Profession Act. However, the one area where the agreements are … Read More

Death Benefits

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The TAC pays no-fault lump sum and weekly payments of compensation to the surviving spouse and/or children of a person who dies as a result of a transport accident. The TAC also pays funeral expenses up to a figure of almost $15,000.00.

Judicial Leave Application

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This is an expression used by TAC lawyers to describe a situation where a person applies to a Court to have a Judge declare their injuries to be serious so that they can qualify to bring a TAC common law damages claim.

Legal Costs

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There are a lot of names used to describe legal costs including professional costs, professional fees, solicitor/client costs, party/party costs, indemnity costs, legal fees etc. In essence, what they are describing are the fees charged by the lawyer for representing the injured person. There are some differences in what some of these expressions mean – see other glossary entries for … Read More

Liability

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This is an expression used by transport accident or TAC lawyers to describe the circumstances of the transport accident that might give rise to a finding of negligence or fault on the part of another person. For example, if a person’s driving is negligent or careless, the person may be liable to pay damages (through the TAC) to a person … Read More

Mediation

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A mediation is very similar to a voluntary settlement conference except that the meeting between the lawyers for the accident victim and the representatives of the TAC is chaired by an independent mediator whose role is to encourage the parties to reach a settlement. If Court proceedings have been issued, the Court will order that there be a mediation before … Read More

Negligence

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When lawyers refer to the term negligence, they are referring to the circumstances of the accident and in particular whether or not the circumstances indicate that one or more people involved in the accident might have been careless in the manner in which they drove their motor vehicle. The term negligence is a term that relates to the civil law … Read More