Every catastrophic injury claim is different. However, there are certain steps we take in every case to ensure that the claim runs smoothly and efficiently and always in our client’s best interests.

All our catastrophic injury cases are dealt with by a specialist catastrophic injury solicitor from the outset.

We start with a free face-to-face meeting at our client’s preferred location to obtain details of the circumstances and to advise on the claim and to discuss funding.

Once we are instructed, we obtain the necessary background documents which may include a record of the accident or investigation, the file of any previous solicitors and the client’s medical records.

Detailed statements are taken from the client, any witnesses to the accident, and the client’s family and friends who can describe the ways in which the client has been affected.

At the earliest opportunity, we put together a team of specialists to work on the case. These may include a dedicated case manager, medical experts, a nursing expert or occupational therapist, other therapists and an architect or surveyor. Expert evidence may also be necessary to establish responsibility for the injury. A specialist QC or senior barrister is also appointed to advise on the case and to represent the client at any trial.

As soon as liability is admitted or established, a substantial interim payment is obtained to fund private medical treatment, rehabilitation, nursing and therapies; to purchase equipment, transport and appropriate accommodation; and to replace lost income and compensate family carers.

If liability is not quickly established, we put pressure on insurers to agree to fund rehabilitation directly.

If appropriate, a case manager is appointed to assist the client and their family and to co-ordinate the purchase of the services which the client requires.

Court proceedings are issued at the earliest opportunity, to put pressure on the insurers and to deal with any disputes about responsibility for the accident or the amount of any interim payment. Although proceedings are issued in the majority of catastrophic injury claims, most such cases are then settled out of Court, without needing to go to trial.

Once the claim has been fully investigated and all of the client’s losses and needs have been identified and costed, the client is advised about the possibility of settlement and negotiations take place with the client’s full authority and involvement. Sometimes this takes the form of a meeting with the insurers and their lawyers. If it is not possible to negotiate a fair settlement, we do not hesitate to take the case to trial.

Once the settlement has been agreed and any Court approval obtained, we arrange for our clients to receive independent financial advice on investment options and periodical payments. If the client is not able to manage their own financial affairs, we arrange for the Court of Protection to appoint a deputy (which can be one of our partners). We also ensure that their legal costs are paid by the insurers in addition to the compensation. Our clients normally receive all of their compensation without deductions.

The time taken to complete a catastrophic injury claim depends on a number of factors, including the medical position, whether responsibility is disputed, and on the complexity and size of the claim. We will give you an estimate of the time required for your case at the outset and will keep you fully informed throughout, including giving details of any changes to our estimate of the time required.