Headache in Quantifying Head Injuries

As a legal practitioner dealing with personal injury claims, one of my greatest challenges comes about when I am drafting a legal opinion on the quantum of damages for a claimant who sustained head injuries. Compared to the other parts of the body, a head injury (especially to the brain) can result in many types of residual disabilities such as slurred speech, impaired memory and neurological deficits affecting other parts of the body. It is difficult to put a price to an injury to a member of the body more so, where head injuries are concerned.

In Ong Ah Long v Dr. S Underwood [1983] 2 MLJ 324, Syed Agil Barakbah FJ had this to say in respect of how damages (general damages) for personal injuries ought to be treated:-

“It must be borne in mind that damages for personal injuries are not punitive and still less a reward. They are simply compensation that will give the injured party reparation for the wrongful act and for all the natural and direct consequences of the wrongful act, so far as money can compensate… .”

Through past decisions, Courts would be guided on what is a fair and reasonable amount to compensate the injured party. Similar injuries and residual disabilities would be compared and a sum awarded to reflect the pain and suffering sustained and loss of amenities to the injured party. So far so good. Now, let me show you some headaches based on recent reported cases which dealt with damages for head injuries.

In Baharuddin b Sulong & Anor v Hiew Chong Choo [2008] 1 PIR 40, the Kuantan Sessions Court awarded RM100,000 for “severe head injury resulting in the plaintiff suffering from impaired attention span (immediate recall), impaired recent recall and some impairment of constructional ability (constructional apraxia) and left lower limb weakness and numbness.”

In Mohd Shafri b Rehan v Mohd Nurrul Amry b Mohd Rahim [2008] 1 PIR 55, the Melaka Sessions Court awarded RM80,000 for “haemorrhagic contusion of the right temporal and parietal lobes and left thalamus. The Plaintiff suffered permanent impairment of concentration, memory, calculation and dexterity of the right hand and gait.” Read more

September 25, 2008 | Filed Under Legal | 1 Comment 

Fixed, Adjustable, Convertible, Balloon: Know the Differences Before You Apply

A mortgage allows you to achieve your dream of becoming a homeowner; but not knowing the difference between a fixed rate mortgage and an adjustable rate mortgage can get you into a lot of trouble – possibly even leading to foreclosure. There are principly 4 different types of mortgages which you should know about. A little bit of legwork now, can save you a lot of grief down the road, so take a minute to familiarize yourself with the terms below:

The Four Major Types of Mortgages

Fixed-Rate Mortgage – The most common type of mortgage. A fixed-rate mortgage allows you to lock into one rate for the entire life of your loan. The biggest advantage is that you will know exactly what you will pay every month of every year, for the next 15 to 30 years. If you like to organize your finances and know what your bills will amount to each month, this is the mortgage for you.

Adjustable-Rate Mortgage (ARM) – ARMs begin with an initial interest rate, which usually lasts 5 to 10 years, which then begins to adjusts even so often, depending on what the current market rates are. This will happen throughout the remainder of the loan. Take a 5/1 ARM as an example – For 5 years you will be locked into your initial rate then, once those 5 years have expired, your rate will adjust annually.

Convertible Mortgage – This special type of mortgage brings together the advantages of a fixed-rate mortgage and an adjustable-rate mortgage. It allows you to start with an ARM and then convert it to a fixed-rate mortgage to lock down your current rate for the life of the loan. This is nice because if your rate adjusts to a lower rate than you started with, you can lock down that rate for good. The catch is that you are only able to convert your mortgage for a limited time. If you miss it, you are stuck with an ARM.

Balloon Mortgage – This mortgage will benefit borrowers who cannot afford the full payments of a fixed-rate mortgage. A balloon mortgage allows you to pay a lower monthly payment for 10 to 15 years, but the balance of the mortgage will become due at that time. So, if you take out a $250,000 mortgage and pay $150,000 over 15 years, you will be expected to give the lender a payment of $100,000 at the end of that period.

September 18, 2008 | Filed Under Finance | 5 Comments 

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