PI Brief Update

Predicting the Future - Bill Braithwaite QC, Head of Exchange Chambers

08/07/13. Predicting the future is always difficult, but that’s what personal injury lawyers in catastrophic claims have to do all the time. This is why, in my opinion, forming a close, long-term relationship between the claimant, his or her family, and the legal team is so important. In the ideal case, the lawyers use their knowledge to help the claimant obtain suitable treatment, therapy and rehabilitation. During that process, they see how he or she progresses, and are in a better position to judge the future.

If, for example, the claimant has had excellent rehabilitation, and has tried his hardest to improve, but still remains severely disabled despite good medical and therapeutic management, it may be easier to predict that he or she will not make the miraculous recovery predicted by defence experts.

A significant part of the problem of prediction, though, which is not always perceived by those involved, is that it is not sufficient to predict the future on the basis of the present. For example, the fact that someone needs and receives 24 hour care at present does not mean that he or she will need that level of support for the rest of his or her life. Careful prediction may lead to the conclusion that good management, by doctors, case managers and therapists, can and should improve the claimant’s disability to the extent that the need for support decreases.

Bill Braithwaite QC, Head of Exchange Chambers
This article was first published at http://billbraithwaite.com/blog/

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