Serious Personal Injury Litigation: A Case Study

Exchange Chambers Podcasts

In this episode, Louis Browne KC and Fiona Tinsley discuss a recent case involving a claimant who sustained very serious injuries in a car accident. They explore the challenges of managing a client's expectations and the importance of expert evidence in determining causation and quantum. The claimant had a significant pre-existing medical history, which complicated the assessment of her injuries. The case settled at a joint settlement meeting. The conversation highlights the need for thorough analysis of medical records and effective communication with the claimant throughout the process.

Takeaways

• Managing a client's expectations is crucial in high-value personal injury claims, as the final settlement will likely not match the sums claimed.
• Thorough analysis of medical records and expert evidence is essential to determine causation and accurately assess the quantum of damages.
• In cases involving pre-existing medical conditions, it is important to establish the extent to which, if at all the accident exacerbated or contributed to the claimant's accident related injuries.
• Effective communication with the claimant, including explaining complex medical issues in layperson's terms, helps them understand the process and make informed decisions.
• Joint settlement meetings are often an effective way to resolve personal injury claims, allowing all parties to discuss the issues and reach a fair settlement.

Chapters

00:00 Introduction and Overview of the Case

03:22 Extent of the Claimant's Injuries and Pre-existing Medical History

05:50 Obtaining Expert Evidence in Key Disciplines

09:46 Managing Expectations and Explaining Complex Medical Issues

16:31 Balancing Prognosis and Compensation

20:10 Importance of Full and Accurate Medical Records

22:31 The Role of Medical Records in Building the Case

25:20 Challenges in Drafting the Schedule of Loss

27:30 Importance of Joint Settlement Meetings

29:22 The Benefits of Alternative Dispute Resolution

31:10 The Emotional Journey and the Importance of a Fair Resolution