Damages Guidance in Brain Injury Cases - Nigel Cooksley QC & Rosalie Snocken, Old Square Chambers
04/08/14. This article is designed to give some guidance to Claimant lawyers on issues and matters to consider regarding quantum in cases involving serious brain injury, particularly looking at the gathering of evidence ready for preparation of the schedule.
Do Not “Make Do”
If possible do not “make do” before any quantum hearing or settlement meeting. It is much easier to convince the Defendant insurers or the Court that money for various care, equipment, accommodation, therapies etc is needed in the future if it has already been used that way in the past. Having an established care and therapy package in place significantly increases the likelihood of obtaining an award or settlement to fund such a set-up in the future. This is particularly so where there may be questions about whether the care package will work in reality: it is obviously much harder for the Defendant to run such an argument if the care package contended for is already successfully in place. Act upon expert or professional advice and the Court is unlikely to consider it unreasonable such that they do not award the full past care costs.
Therefore, in our opinion, as early as possible you should be aiming to obtain an interim payment, engage a case manager and put into effect the care package which it is contended that the Claimant needs. This applies even in a case where there may be a reduction in the Claimant’s damages due to a split in liability, though the potential for doing so may of course depend upon...
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