APIL Guide to Catastrophic Injury ClaimsFROM £79.00
Provides a guide to best practice in the complex area of catastrophic injury litigation
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Involving numerous experts of different disciplines, these claims require the practitioner to ‘marshal’ and manage the team, as well as particular requirements regarding client care. The APIL Guide to Catastrophic Injury Claims provides a guide to best practice in the complex area of catastrophic injury litigation. The text provides guidance on case management, practical help in dealing with and addressing issues of expert evidence, an in-depth discussion of damages and an analysis of relevant primary source material.
This new edition includes:
- New chapters on Neuro-rehabilitation, Birth Brain Injuries and Radiology
- Impact of the Jackson Reforms
- Cost budgeting
- Developments in Court of Protection jurisdiction
- First Stages
- Capacity and Court of Protection
- Quantum: Interim Payments
- Documentary and Witness Evidence
- Expert Evidence
- Care and Case Management
- Traumatic Brain Injury
- Birth Brain Injury
- Birth Injury Causation
- Spinal Cord Injuries
- Psychiatric Injury
- Prosthetic Rehabilitation of Traumatic Amputatees
- Quantum: Schedules, PSLA, Special Damages, Heads of Loss and Provisional Damages
- Future Loss: Lump Sum Awards, Multiplicands and Multipliers
- Periodical Payment Orders
- Statutory Benefits (including Recoupment) and Services
- Fraud and Malingering
- Settlement and ADR
"an essential acquisition for any professional involved in the management of catastrophic injury claims...a comprehensive and authoritative text...of benefit to experienced and inexperienced lawyers alike and their advisors...this useful work of reference contains extensive tables of cases, statutes, statutory instruments for those seeking further information."Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
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Reviews of the previous edition
"a splendid group of contributors have been assembled for this publication to produce an excellent short guide on the complex subject of the management of catastrophic injury claims ... we have found this guide an excellent exposition of how to approach catastrophic injury claims"Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
"Packed within its still handy 433 pages, including index, are the fruits of many years collective experience, expertise and much practical wisdom ... easily accessible format ... provides a helpful summary of recent developments effecting catastrophic injury claims ... An extraordinary range of discrete issues are covered, including, funding, interim payments, ADR, designing the right compensatory package, including periodical payments and an explanation on how to protect claimants’ rights to state benefits ... guidance also extends to care and rehabilitation regimes, case management, the use of experts ... The Guide also has some very useful chapters on the medical aspects of brain injuries, spinal cord injuries and psychological injury ... will help ensure that the highest standards of client care and legal expertise is provided for those who misfortunate enough to be seriously injured and in need of redress in the form of rehabilitation, care and compensation ... heartily commend it to any practitioner that handles clinical negligence or catastrophic injury claims ... this is one purchase you cannot afford to miss"Nicholas Bevan, Solicitor, Enable Law Ltd
"an invaluable book of use to practitioners dealing with catastrophic injury on a daily basis, and to those less familiar with the topic ... this book attempts and succeeds in encapsulating an extremely complex and demanding area of the law ... capacity, evidence, experts, lump sum awards, multiplicands and multipliers are each considered clearly and comprehensively, with a practical approach to practitioners ... there is an excellent guide to the impact, causes and assessment of brain injury ... this is an excellent book and one that will be on my shelf within arm's reach"Solicitors Journal
Dr Janet Rennie, MB, ChB, MRCP, FRCP, DCH, MD, FRCPCH on birth injuries causation
Dr Maggie Blott, MRCOG on birth injuries
Dr Andrew Molyneux, MA, MB, Bchir, FRCR on radiology
Professor Udo Kischka, MD FRCP on neuro-rehabilitation
Dr Nicholas Leng, BSc, DipClinPsychol, DPhil, FBPsS, C Psychol on Brain Injuries
Dr Brian Gardner, MRCP, FRCP on Spinal Injuries
Maggie Sargent, on Care
Dr Selliah Sooriakumaran, on Prosthetic Rehabilitation
Dr Martin Baggaley, BSc, MB, BS, FRCPsych on Psychiatric Injuries
Richard Cropper, PFP Ltd
Solicitors who have never dealt with catastrophic injury cases may never have ventured very far into their client’s more personal affairs. They may perhaps have advised the client to consider setting up a form of trust, for example to protect their eligibility for means-tested benefits, or they may have suggested a review of the client’s estate planning (although obviously such matters should be referred to other specialist solicitors).
However, the role of the practitioner who acts for a claimant in a catastrophic injury case will be different from that which may be adopted in other, standard, personal injury actions.
The solicitor may not merely be focusing upon the claim itself (although this will, of course, remain their primary concern). They may also be providing assistance and support to the injured person and their family in a number of ways and these activities will not normally be of concern in cases involving minor or moderate injuries.
The very nature of the claim predicates a client who will have suffered an accident or event leading to injuries of the utmost severity, which will have destroyed his or her ability to lead an independent existence and which have caused not only great suffering but also, in all likelihood, signalled the end, or a major curtailment, of employment. The injured claimant will also commonly have experienced significant psychological shock as a result of the accident, its aftermath and its consequences. The family of the claimant will have suffered from the event and its aftermath as well.
Whilst the courage and inner strength of the claimant and the family may become apparent, the practitioner must anticipate that his or her perceived role will be more than just a provider of legal advice. Whilst the practitioner must not be seduced into acting as some form of untrained social worker or trauma counsellor, they must deal with the claimant and the claimant’s family in a sympathetic, understanding manner. They must also, however, balance an emotional connection to the claimant and the claimant’s family with the need to provide objective advice on difficult matters. They must provide clear and dispassionate views on issues regarding the quantification of the claim, such as recoverability of outlays and expenses, the need to mitigate losses, duplication or overlap of claims, etc.
What is required is a sympathetic and caring approach to the claimant, balanced with the need to provide an efficient and objective preparation of a claim to achieve the ultimate aim of fair and adequate compensation.
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