1304Statement of particulars before trial—personal injury

1304 Statement of particulars before trial—personal injury (1) This rule applies to a proceeding in which a claim for damages for personal injury is made, other than a claim under the Civil Law (Wrongs) Act 2002, part 3.1 (Wrongful act or omission causing death). (2) The plaintiff must file, and serve on each active party to the proceeding, a statement (a statement of particulars)— (a) 14 days before the listing hearing for the proceeding; or (b) in accordance with any direction made by the court. (3) The statement of particulars must set out the following particulars of the plaintiff’s claim: (a) particulars of injuries received; (b) particulars of disabilities suffered since the accident giving rise to the claim and any continuing disabilities, (c) particulars of out-of-pocket expenses; Rule 1304 (d) if a claim is made for loss of earnings— (i) the name and address of each employer of the plaintiff for the year before the accident giving rise to the claim, together with details of the periods of employment, capacity in which the plaintiff was employed, and the plaintiff’s earnings during each period of employment; and (ii) the name and address of each employer of the plaintiff since the accident giving rise to the claim, together with details of the periods of employment, capacity in which the plaintiff was employed, and the plaintiff’s earnings during each period of employment; and (iii) the amount claimed for loss of earnings to the date of the statement of particulars worked out by comparing the plaintiff’s earnings since the accident with the earnings the plaintiff claims the plaintiff would have earned had the accident not happened; and (iv) if the plaintiff was self-employed at any time in the year before, or since, the accident—the plaintiff’s earnings for the year before, and since, the accident, together with all additional particulars necessary to disclose the way the claim for loss of earning capacity is worked out; (e) particulars of any claimed future loss of earning capacity and future economic loss; (f) if a claim is made for domestic assistance or attendant care— particulars of the claim. Rule 1304 (4) In working out for subrule (3) (d) (iii) the earnings the plaintiff claims the plaintiff would have earned had the accident not happened, the plaintiff must, if appropriate, set out— (a) particulars of— (i) the earnings of employees engaged in employment similar to the employment that the plaintiff claims the plaintiff would have engaged in had the accident not happened; and (ii) the identity of those employees; or (b) particulars of— (i) payments that the plaintiff would have received under an award or industrial agreement applying to the employment that the plaintiff claims the plaintiff would have engaged in had the accident not happened; and (ii) the identity of the award or agreement. (5) The plaintiff must serve, with the statement of particulars, a copy of all documents available to the plaintiff in support of any claim for special damages or economic loss, including the following: (a) hospital, medical or similar accounts and receipts; (b) letters from any workers compensation insurer stating amounts paid for the plaintiff for hospital, medical, ambulance or similar expenses; (c) a letter from the plaintiff’s employer or employers immediately before the accident, giving particulars of— (i) the dates when the plaintiff was absent from work because of the accident; and (ii) any earnings (including overtime) lost by the plaintiff for the absences from work; and (iii) any change in the plaintiff’s classification and duties, and any earnings after the accident; and Rule 1305 (iv) if the plaintiff’s employment has been terminated—the date of termination and the reason for the termination; (d) copies of the plaintiff’s group certificates and income tax returns for the 2 financial years immediately before the financial year in which the accident happened, together with any income tax returns lodged by the plaintiff since the accident; (e) if the plaintiff was self-employed at any time in the year before, or since, the accident—accountants’ reports and other business records that the plaintiff intends to rely on to prove loss of earnings; (f) reports, award rates and correspondence relied on to support any claim for domestic assistance or attendant care. (6) If any document, or part of a document, required to be served under subrule (5) cannot be served, the plaintiff must serve, with the statement of particulars, a statement of the reasons why the document cannot be served. accident includes incident. earnings means gross earnings per week or another appropriate period and net earnings after taxation per week or another appropriate period.