APPLIES TO ACADEMIC YEAR 2013/2014

FAK 2618 Personal Injury Claims Handling, part I

Responsible for the course
Kristian Trosdahl

Department
Department of Accounting - Auditing and Law

Term
According to study plan

ECTS Credits
7,5

Language of instruction
Norwegian

Introduction
The course includes an introduction to topics in the act relating to compensation in certain circumstances and social security law related to liability for damages and measure out compensation after personal injuriesafter motor accidents, occupational injury and disease etc.

Learning outcome
Acquired knowledge
The students shall obtain knowledge about basic key topics of the law of damages and Law on Industrial Injury Insurance and national insurance, and be able to use this knowledge to consider questions about liability for compensation and to calculate correct compensation for personal injury. They shall also know the basic concepts and contributions of the national insurance.

Acquired skills
The students shall be able to discuss whether an injury is included in the normal basis of liability, including for damages caused by motor vehicles. They shall also be able to give an account of the basis if liability for drug injuries and product liability. Further they shall be able to calculate correct compensation for inflicted and future expenses, inflicted and future loss of income, compensation for permanent injury, compensation for the death of a person and compensation for permanent non-economic loss based on the act relating to compensation in certain circumstances act and the act relating to industrial injury insurance with regulations connected to this law.

Reflection
The students shall acquire a conscious attitude to the fact that their professional advice and decisions they make, especially when they decide if an injury is covered by the insurance or not and the claims settlement, might be of great importance for other people than themselves. Advice and claims handling shall be based on respect for the injured party and his or her situation after the injury.

Prerequisites
BI courses: Introduction to Insurance, Introduction to Law 1, Motor Insurance, Motor Insurance Claims Handling 1 or equivalent.

Compulsory reading
Books:
Trosdahl, Kristian, red. 2012. Personskadeoppgjør. 8. utg. BI Forsikring. Alle kapitler unntatt 3, 9, 12, 13 og 15.1 – 15.3

Other:
Domssamling: Sentrale høyesterettsdommer, satt sammen av BI Forsikring
Lover, forskrifter og utdelt materiell


Recommended reading

Course outline
Definitions and concepts of tort law

National insurance

• Basic concepts, accumulation of pension
• Old-age pensions, disability pensions, benefits for surviving spouse, orphan's pensions, funeral grants

• General tort law
• Liability for injury caused by a motor vehicle
• Liability for injury caused by negligence or malpractice by a hospital or a medical professional
• Occupational injury and disease.
• Liability for injuries caused by medicines, product liability, liability for injuries caused by trains, airplanes and at sea

• Provisions for compensation for permanent non-economic injury
• Stipulation of the compensation granted – capitalisation, deduction
• Tax regulations

• Who can claim compensation – necessary documentation
• What kinds of expenses are compensated?
• Deductions
• Tax regulations

• Income before and after the accident
• Deductions
• Method of calculation of the compensation – the “netto-method”
• Tax regulations, interests

• Income before and after the accident
• Calculation of the compensation granted – capitalisation, interests
• Deductions
• Tax regulations

• Relevant expenses: transport, medical treatment etc
• Calculation of the compensation granted – capitalisation
• Deductions
• Tax regulations

• Who can claim compensation?
• Method of calculation
• Loss of provider
• Expenses
• Deductions

• Method of calculation
• When to start the claims handling
• Injuries or disability incurred before the accident

• Legal terms for reparation
• Reinstatement related to criminal law
• Calculation of the compensation granted
• Claims handling in practice

• Calculation of the compensation granted - what is included in the term "home maintenance", deductions, how to value this kind of work
• Relation to standardisede compensation
• The term "Bastrup-tillegget"
• Evaluation of evidence
• Tax regulations