BRAIN%20INJURIES%20in%20BRITAIN%20THE%20FIGHT%20FOR%20JUSTICE

1
BRAIN INJURIES in BRITAINTHE FIGHT FOR JUSTICE

• BILL BRAITHWAITE Q.C.
• UK

2
INTRODUCTION

• BOOK
• FAIR AND JUST RESULT

3
FUNDAMENTAL PRINCIPLES

• CLAIMANTS AND FAMILIES RIGHTS
• QUALITY OF LIFE
• ALL CLAIMANTS ARE DIFFERENT
• SENSIBLE AND REASONABLE
• SPECIALISATION
• TREATMENT OF THE PROBLEMS
• INTERIM PAYMENTS

4
REHABILITATION

• SUITABILITY OF DIFFERENT TYPES
• REHAB INTO WORK
• REHAB AND LEISURE

5
PLAN FOR LIFE

• LIFE EXPECTANCY
• TREATMENT AND THERAPIES
• ACCOMMODATION
• CARE
• TRANSPORT
• EQUIPMENT
• LEISURE

6
THE NATURE OF A CLAIM

• PAIN, SUFFERING AND LOSS OF AMENITY
• FINANCIAL LOSS PAST AND FUTURE
• EVIDENCE
• SETTLEMENT
• THE TRIAL
• AFTER TRIAL

7
MENTAL CAPACITY

• ASSESSMENT BY DOCTORS AND JUDGES
• DOCTORS DUTY TO MAXIMISE A PERSONS CAPACITY
• MENTAL CAPACITY ACT 2005

8
MANAGEMENT OF THE EXPERT

• SELECTION OF EXPERTS
• FORMATION OF THE TEAM
• THE ADVERSARIAL SYSTEM

9
PRESENTATION OF THE FINANCIAL CLAIM

• SCHEDULES
• PAST LOSSES
• FUTURE LOSSES
• EARNINGS

10
CALCULATION OF FUTURE LOSS

• THE OBJECT OF THE UK SYSTEM
• THE MULTIPLIER/MULTIPLICAND
• THE END RESULT
• A PERSON WHO HAS SUFFERED CATASTROPHIC BRAIN
  INJURY, BUT CAN STILL HAVE QUALITY OF LIFE