BRAIN%20INJURIES%20in%20BRITAIN%20THE%20FIGHT%20FOR%20JUSTICE - PowerPoint PPT Presentation

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

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ASSESSMENT BY DOCTORS AND JUDGES. DOCTORS' DUTY TO MAXIMISE A PERSON'S CAPACITY ... THE MULTIPLIER/MULTIPLICAND. THE END RESULT ... – PowerPoint PPT presentation

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Title: 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
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