Catastrophic injury claims—conduct of the claim
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 injury claims—conduct of the claim
  • Selection of specialist counsel
  • Pre-action protocols
  • Liability or limitation an issue
  • Interim payment
  • Possible heads of damage
  • Expert evidence—medical and non-medical
  • Appointment of case manager
  • Provisional damages
  • Periodical payments
  • More...

Catastrophic injury claims—conduct of the claim

This Practice Notes sets out the important issues and steps to be considered, preferably with the input of counsel. Indeed, one of the important early considerations is the choice of counsel.

Selection of specialist counsel

In cases of severe injury, the role of counsel is crucial and the solicitor will often wish to instruct an experienced junior at an earlier stage than might be normal practice in more modest claims.

The solicitor will want counsel to be heavily involved in the formulation of the claim and the approach and strategy to be adopted. It is essential that the chosen barrister is capable and experienced in such work. However, it is equally important that the barrister should be approachable and happy to be consulted regularly. The chosen individual should be someone with whom not just the instructing solicitor but also the claimant and family will feel comfortable. In many cases, counsel will be asked to attend a conference in the claimant’s home and a good rapport between counsel and client (and family) is very important.

As counsel will be required to advise on the strategy for the litigation it will often be desirable to instruct them at an early stage. Typically, counsel will advise and provide input on many of the matters set out below.

Pre-action protocols

It should be borne in mind that in spite

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