Serious Personal Injury Litigation: A Case Study
September 5, 2024
In this recent episode, Louis Browne KC at Exchange Chambers and Fiona Tinsley, Partner and Head of Medical Negligence and Serious Personal Injury at Brabners, 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.
Please preview below.
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Episode length: 32 minutes
Also available on YouTube, Apple Podcasts, Amazon Music/Audible and other popular podcast apps.
Key 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.
If you have any requests for future podcast topics, please contact: marketinginfo@exchangechambers.co.uk
