100 likes | 101 Views
BRAIN INJURIES in BRITAIN THE FIGHT FOR JUSTICE. BILL BRAITHWAITE Q.C. UK. INTRODUCTION. BOOK FAIR AND JUST RESULT. FUNDAMENTAL PRINCIPLES. CLAIMANTS’ AND FAMILIES’ RIGHTS QUALITY OF LIFE ALL CLAIMANTS ARE DIFFERENT SENSIBLE AND REASONABLE SPECIALISATION TREATMENT OF THE PROBLEMS
E N D
BRAIN INJURIES in BRITAINTHE FIGHT FOR JUSTICE BILL BRAITHWAITE Q.C. UK
INTRODUCTION • BOOK • FAIR AND JUST RESULT
FUNDAMENTAL PRINCIPLES • CLAIMANTS’ AND FAMILIES’ RIGHTS • QUALITY OF LIFE • ALL CLAIMANTS ARE DIFFERENT • SENSIBLE AND REASONABLE • SPECIALISATION • TREATMENT OF THE PROBLEMS • INTERIM PAYMENTS
REHABILITATION • SUITABILITY OF DIFFERENT TYPES • REHAB INTO WORK • REHAB AND LEISURE
PLAN FOR LIFE • LIFE EXPECTANCY • TREATMENT AND THERAPIES • ACCOMMODATION • CARE • TRANSPORT • EQUIPMENT • LEISURE
THE NATURE OF A CLAIM • PAIN, SUFFERING AND LOSS OF AMENITY • FINANCIAL LOSS – PAST AND FUTURE • EVIDENCE • SETTLEMENT • THE TRIAL • AFTER TRIAL
MENTAL CAPACITY • ASSESSMENT BY DOCTORS AND JUDGES • DOCTORS’ DUTY TO MAXIMISE A PERSON’S CAPACITY • MENTAL CAPACITY ACT 2005
MANAGEMENT OF THE EXPERT • SELECTION OF EXPERTS • FORMATION OF THE TEAM • THE ADVERSARIAL SYSTEM
PRESENTATION OF THE FINANCIAL CLAIM • SCHEDULES • PAST LOSSES • FUTURE LOSSES • EARNINGS
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