Catastrophic claims—accommodation and financial settlements
Produced in partnership with Andrew Wilson

The following PI & Clinical Negligence practice note produced in partnership with Andrew Wilson provides comprehensive and up to date legal information covering:

  • Catastrophic claims—accommodation and financial settlements
  • Accommodation
  • Expert evidence
  • Adaptations to existing property
  • New accommodation—what can the claimant recover?
  • Calculation to fund the purchase of more expensive accommodation
  • Capacity and Court of Protection
  • Determining capacity
  • Evidence on capacity
  • Capacity—case law
  • More...

Catastrophic claims—accommodation and financial settlements

NOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced that the discount rate would change to minus 0.25%. The minus 0.25% discount rate came into effect on 5 August 2019. Schedule A1 to the Damages Act 1996 provides that subsequent reviews are to take place within five years of the conclusion of the previous review which means that the next review must commence on or before 15 July 2024.

Accommodation

See also Practice Note: Cost of accommodation.

It is very common for a severely injured claimant to require specially adapted accommodation, unless they are in long-term residential care. Being in accommodation which meets their needs will be one of the crucial factors in a claimant’s rehabilitation. The practitioner must therefore give early attention to accommodation, with consideration of:

  1. suitability or otherwise of current accommodation for both present and future needs

  2. whether it will be possible to meet the claimant’s needs by modifying, adapting and equipping their existing accommodation

  3. if new accommodation is required, what are the specifications for it?

The considerations vary enormously, according to type and severity of injury but typical issues are:

  1. all areas of property are wheelchair-friendly

  2. lifts and hoists can be fitted on the staircase

  3. space or scope for carer accommodation

  4. storage space for aids and equipment

  5. bathroom and

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