One of the most difficult issues that personal injury and medical negligence lawyers currently face on large value claims is attempts by defendants to force claimants to accept a reduction in their claim value to reflect the availability of local authority care. In the main, we are talking about those who have suffered a severe brain injury or spinal cord injury and who will require a significant level of care.
The principle of ‘the guilty party pays’ is being challenged on a very regular basis. When it is considered that a substantial part of the damages at this level will, of necessity, be for future care then these challenges can be worth millions. Only two weeks ago, the High Court was preparing to consider such arguments raised by a defendant in a case, White v Eastman, worth several million pounds. The case settled with an undertaking from the claimant to make reasonable endeavours to use local authority funding if and where available and to reimburse the defendant if obtained. The case therefore settled reflecting the cost of the private care package.
