Top ten issues to consider at liability judgment

The aim of a claim for personal injury or clinical negligence is to put the injured person back in the position they were in before they sustained an injury.

As experienced injury lawyers, we know that this is almost impossible to achieve in reality.

However, what we can do once a defendant has admitted they were at fault for an injury, is take steps to help the injured person begin their recovery and move forward with their lives.

A significant step on this journey often comes at the time judgment (the formal court record of the defendant’s admission of liability for causing the injury) is entered against the defendant.

In this article, Julie Marsh considers the top 10 things we might consider once judgment is obtained:

1. Interim funds

When a defendant admits liability in a medical negligence or personal injury case, the injured person is entitled to have judgment entered formally and at that point the injured person is also entitled to ask for a payment on account of the total compensation award they will seek for the injury sustained. This is known as an interim payment.

2. Care

As solicitors who work alongside families of disabled or severely injured people every day, we know that one of the most demanding consequences of any injury can be meeting the injured person’s care needs.

We can help put in place private care to support the injured person and their family. The cost of the care provision can be met from the interim payment.

Our specialist care solicitor can advise on the level of statutory support that should be received for an injured individual and consider making applications or representations on the injured person’s behalf to increase the level of care and support they have at home in addition to the privately funded help available.

3. Case management

A local case manager can be appointed to work alongside the client and their family and provide a support network to access care, therapy, aids and equipment to meet the injured person’s ongoing needs. This person can be a critical link between the legal team and the injured person and their family. 

The cost of the case manager is also met from the interim funds.

4.Therapy, aids and equipment

We know the importance of early rehabilitation after a serious injury. We can help our clients access physiotherapy, occupational therapy, speech and language therapy or neuro-rehabilitation packages where they are required. 

For cases involving amputation, we can put our clients in touch with private prosthetic and rehabilitation providers to help them along the rehabilitation road.

5. An apology

“Will I get a formal apology?”

This is a question we are often asked. It is not always possible to get the hospital trust, negligent GP or negligent party to give a written apology. However, in cases where a full admission of liability has been given, we always make this request a priority.

We know how important it is for the injured person and their family to understand how the injury occurred, and to know that lessons will be learnt as a result. 

6. Accommodation

When someone is severely injured, suddenly even the most spacious of houses can feel too small. There are more people, such as carers, coming and going, and there is more equipment to store. 

One of the first things that we explore is whether any changes can be made to the current accommodation to help better meet the injured person’s needs. If not, we will work with the injured client to move them to more suitable accommodation. 

7. Transport

If independence and mobility have been affected by a severe injury, special aids, such as a wheelchair or walking aids might be needed. A specialist vehicle might be required to transport a wheelchair or specialist equipment.

We can arrange an assessment of the transport needs so that the disabled person can travel safely. 

8. Capacity

If somebody suffers a brain injury, whether from medical negligence at birth or later in life or a serious head injury in an accident, they may no longer have sufficient mental capacity to manage their own affairs. In cases where an injured individual is assessed as lacking mental capacity, a Court of Protection Deputy will need to be appointed. Boyes Turner’s specialist Court of Protection solicitors can offer help and advice in relationship to deputyship.

In cases where an injured individual does have capacity and judgment is entered, and where a considerable settlement is likely, a Personal Injury Trust might be an appropriate vehicle to protect the individual in respect of means-tested benefits.

9. Education

Where somebody has experienced a severe and debilitating injury, but remains in full time education, they may need additional help and support. 

Our specialist education solicitors are able to offer advice on how the support should be provided in a school setting and provide help and assistance with defining that support in an Education, Health and Care Plan.

10. What happens next?

As specialist injury lawyers, the key question that we consider at the time judgment is obtained is whether this is the right time to settle the legal case. This is largely dependent on whether it is currently possible to predict an injured individual’s needs over the course of their lifetime.

At Boyes Turner we work with our clients to build a plan for the future, giving consideration to the injured person’s condition and prognosis, and the different needs they will have throughout their life, such as for care, therapy, aids and equipment, and assistive technology. Only when we are confident that our client’s needs have been fully identified and understood do we proceed to final settlement of the claim.

If you are caring for a loved one who has suffered a severe disability as a result of negligence email the claims teams at claimsadvice@boyesturner.com.