Tort / Personal Injury

APIL Guide to Catastrophic Injury Claims

Edited by Grahame Aldous QC · Peter Andrews QC · Stuart McKechnie · Terry Lee
LexisNexis U.K. March 2010

Specifications

ISBN-13
9781846612046
Publisher
LexisNexis U.K.
Publication
March 2010
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The APIL Guide to Catastrophic Injury Claims provides a guide to best practice in the complex area of catastrophic injury litigation.


The management of catastrophic injury claims is complex. They involve detailed and ongoing care and rehabilitation regimes; sophisticated case management; technical procedural matters; the Court of Protection; significant use of expert evidence; as well as complicated settlement and financial structures including periodical payment orders.

Involving numerous experts of different disciplines, these claims require the practitioner to ‘marshall’ and manage the team, whilst providing particular client care and support. 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 edition takes account of:
  • the Civil Procedure Rules
  • the Rehabilitation Code
  • the development of Court Case Management functions, particularly in clinical negligence cases
  • changes in the funding of claims, including CFAs
  • the Mental Capacity Act 2005 and changes in the Court of Protection
  • Alternative Dispute Resolution methods including Mediation
  • the Damages Act, Periodical Payment Orders and the challenges facing Claimants in damages management
The APIL Guide to Catastrophic Injury Claims will be essential reading for all clinical
negligence practitioners and personal injury lawyers dealing with serious injury claims.

Table of Contents

  • First Stages
  • Rehabilitation
  • Capacity and the Court of Protection
  • Funding of Catastrophic Injury Claims
  • Quantum: Interim Payments
  • Documentary and Witness Evidence
  • Expert Evidence
  • Care and Case Manager Expertise
  • Brain Injury
  • Spinal Cord Injuries
  • Psychiatric Injury
  • Prosthetic Rehabilitation of Traumatic Amputees
  • Future Loss: Lump Sum Awards, Multiplicands and Multipliers
  • Quantum: Schedules, PSLA, Special Damages, Heads of Loss and Provisional Damages
  • Periodical Payment Orders
  • Statutory Benefits (Including Recoupment) and Services
  • Fraud and Malingering
  • Settlement and ADR

About the Author

  • Grahame Aldous QC, 9 Gough Square
  • Peter Andrews QC, 7 Bedford Row
  • Stuart McKechnie, Barrister, 9 Gough Square
  • Terry Lee, Solicitor, Russell-Cooke Solicitors
 
Contributors
  • Nicholas Leng on Brain Injuries
  • Brian Gardner on Spinal Injuries
  • Maggie Sargent on Care
  • Sellaiah Sooriakumaran on Prosthetic Rehabilitation
  • Martin Baggaley on Psychiatric Injuries
  • John Foy QC and Robert MacAllister, 9 Gough Square, on Funding

Reviews

"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 thoses less familiar with the topic"
"this book attempts and succeeds in encapsulating and 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
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