Serious Injury (Catastrophic) Compensation - Video
A copy of our catastrophic injury compensation services video should be viewable
below. A transcript of the file is also provided for your convenience. We hope you
find the content useful and informative.
Freephone: 0808 129 3320 or email us
using our online enquiry form.
Transcript - Catastrophic/Serious Injury Compensation Services
Hi. I am
Marguarita Tyne and a partner in the Bristol office of Simpson Millar and
am going to talk about catastrophic injuries today.
Catastrophic injuries are what we lawyers would describe as the most serious level
of injury and these range from brain injuries, spinal injuries through to injuries
involving paralysis and including amputations. Catastrophic injuries are the most
severe end of the spectrum for injury claims and they do require a special level
of expertise in order to ensure that the claim is progress as efficiently and effectively
as possible and also to ensure that the claimant has a high degree of client care
throughout.
Simpson Millar can cater for clients with catastrophic injuries as we are a firm
with a wide geographical spread of offices and that means that we can cater for
clients all over the country and we also offer a service which involves travelling
to see clients at home and because of our geographical spread we are able to get
to most clients within a 2 hour drive or so. We are also happy to come and see you
either at home or in hospital or in a rehabilitation centre if that is appropriate.
We appreciate at Simpson Millar that it is important that you have the opportunity
of having a meeting where you can ask all the questions that you need to at as early
a stage as possible and often when someone has been injured very seriously, although
lawyers might be last thing on your mind, we try and make that process as easy as
possible and try and convey everything that we can as straightforwardly as possible.
At Simpson Millar we have a wealth of experience in different types of claims and
we cover both claims in the clinical negligence sphere which is often seriously
brain injured babies but also adults who have suddenly gone from a very active life
to a much less active life and we are able to use our skills to try and understand
what that huge change involves and try and make sure that the process of pursuing
the claim is as straightforward and smooth as possible.
So, who brings the claim on behalf of someone who has been catastrophically injured?
Well, that depends. Sometimes the individual themselves can bring the claim in their
own right and they are able to do so. However, in the case of brain injury and also
in situations where a minor has been very seriously injured and often will have
a brain injury then there will need to be someone else appointed to assist in dealing
with their affairs and that person is called a litigation friend. They will basically
be involved in the decision making process throughout the claim but they are not
alone. At some stage the Court of Protection will be involved, particularly in very
high value catastrophic injury claims and in addition it is normally the case that
where there is a protected person, that the claim is not actually settled without
the approval of the Court and the Court’s approval will generally only be granted
if there has been an advice in writing from a barrister, normally a very senior
barrister who will endorse the settlement recommended.
So, how do catastrophic injuries differ in scope from other personal injury claims?
Well, in most personal injury claims you pursue a claim for loss of earnings and
quite often you pursue a claim for care and also out of pocket expenses but there
may not be an awful lot more than that. However, in catastrophic injury claims there
is a lot more to consider. Often a central focus of the claim is how the injured
person is going to be cared for, for the rest of their life. So that is not just
their care needs currently but also their care needs going on into the future and
one of the issues which has to be addressed is the question of life expectancy and
how long that individual is going to need care for.
In addition to the care itself there is also a need for equipment to be provided
to support the individual’s life as it is going to be and also things like transport
and housing which will be specific to that individual. The scope of all of that
means that these are claims which have to be thoroughly and properly investigated
and they need someone handling them who is able to balance all those different issues
and coordinate specialists from different fields such as occupational therapist
and nursing experts. We also have access to specialist housing architects who can
look at either an individual’s current accommodation or look at recommendations
for future accommodation needs and assess and advise on what might be required in
the future. So far as equipment needs are concerned, we are in the hands normally
of a specialist occupational therapist who will again provide an assessment and
that may include recommendations for wheelchair equipment or computer equipment
and other things to aid the individual’s lifestyle.
So, how is the sum that is going to be needed for the future calculated in a catastrophic
injury claim? Well, there are normally two different approaches, either settlement
which can be by way of lump sum or which what is becoming increasingly popular a
lump sum supplemented by periodical payments and what that means is that you receive
a lower figure in your hand at the end of your case but you receive an annual payment
which will ensure that you are protected for life. The annual payment generally
deals with the care element of the claim.
There is one thing which it is important to be aware of in a catastrophic injury
claim, that there are time limits which do have to be complied with for bringing
a case and these do differ from case to case. There are some cases where the time
limit is quite long but you do need to be conscious of the general three year time
limit which applies in personal injury cases and obtain specific advice about the
limitation period which may apply to you.
So, what other support is offered by Simpson Millar? Well, we offer a Financial
Services Department and also we have a Wills and Probate Department who can offer
support in two key areas. Our Probate Department provides support with setting up
a personal injury trust and a trust is important in these type of cases to ensure
that money is invested appropriately and that there are protections for the injured
person. Often, the injured person is not able to give instructions themselves. That
is particularly the case where the individual is a child but in cases of catastrophic
injury it may be that the individual is not able to manage their own affairs and
therefore needs somebody looking after their interests.
We also have access to firms who we are partnered with in terms of provision of
advice relating to the Court of Protection and often the settlement monies in this
type of claim will be invested in the Court of Protection at least initially.
As far as investment advice is concerned, the sums involved in this type of claim
are very sizeable and it is important that an individual receiving a large settlement
knows that they can turn to somebody who has got the expertise in financial services
advice and we at Simpson Millar have a specialist department led by a financial
services adviser who can offer independent i.e. not tied advice and has access to
a wide range of financial services products.
Get in touch today if you have an enquiry regarding catastrophic injury compensation
on:
Freephone: 0808 129 3320 or email us
using our online enquiry form.
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