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Kennedys acted in the defence of a catastrophic injury claim with significant cross-border quantum issues. Our involvement led to an eight figure saving in damages for our insurer client.
This report looks at who currently bears the cost of funding personal care for those with catastrophic injuries, and the need to better manage these costs in future.
The COVID-19 outbreak has revealed the inflexibility and lack of innovation in personal care systems around the world. Relieving these pressures will require an innovative new approach.
The psychological impact of COVID-19 health risks or the national quarantine could trigger further psychological harm in personal injury claimants already dealing with the physical or mental consequences of an accident, and expose compensators to additional claims inflation.
The developing coronavirus pandemic will disrupt the usual processes of serious injury claims handling to an extent not encountered for several generations. Whilst this will inevitably lead to complications, we believe that there are potential solutions.
In May 2019, the World Health Organisation (WHO) adopted the latest International Classification of Diseases (ICD-11). This included new psychiatric diagnoses which may increase the damages payable following bodily injury.
Challenging the claimant's monopoly on witness evidence and ‘protected hearsay’ in serious injury cases
In serious injury cases where a claimant has not provided a statement, expert reports may nonetheless be full of hearsay in relation to their history, ongoing complaints, aspirations and intentions for the future.
There is much speculation about the turbulence that might follow Brexit, whether on a deal or no-deal basis.
After a long reform process lasting nearly two and a half years, the Lord Chancellor has today finally determined a new personal injury discount rate of minus 0.25% effective from 5 August 2019.
The then-Lord Chancellor’s announcement on 27 February 2017, to reduce the discount rate from 2.5% to minus 0.75%, surprised those representing both claimants and defendants and has led to overcompensation in many cases. Fortunately, the Civil Liability Act 2018, which reforms how the discount rate is set, received Royal Assent on 20 December 2018, and should restore fairer compensation levels.