Catastrophic injury claims—gathering evidence
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—gathering evidence
  • First meeting and early stages
  • Witness evidence
  • Content of witness statement of claimant or close family member
  • Statements from family
  • Statements from work colleagues
  • Documentary evidence
  • Care diary

Catastrophic injury claims—gathering evidence

First meeting and early stages

In a case of severe injury, it is very important that the practitioner should meet with the claimant and family at an early stage. This early contact may run to several visits.

It will usually be desirable for the claimant practitioner to arrange to visit the claimant and family at their home. This is obviously not possible when the claimant is still in hospital or a rehabilitation unit. However, following the client’s discharge it will be useful for the practitioner to visit them and family at home. There are good reasons for this.

  1. The obvious practical considerations relating to the difficulties of transporting a disabled person

  2. The client and family may feel more at ease in their home surroundings

  3. The practitioner will gain far more insight into the claimant’s situation—the current accommodation (and, for instance, particular difficulties with the layout) and home environment, family relationships and what support and care is provided (and by whom)

It is not unusual for the practitioner to ask if the claimant and family are happy for photographs to be taken of interior and exterior of the family home.

Witness evidence

It is more important than ever for the claimant practitioner to consider at an early stage what witness evidence as to fact should be obtained. This may well involve an assessment of whether the claimant

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