Catastrophic Injury Subject Matter Groups

Actuarial matters

Our Actuarial group provides a focus for analysing statistical data and trends relevant to catastrophic injury claims, including quantum calculation, discount rate, life expectancy and Periodical Payment Orders (PPO’s). We seek to adopt the principles of actuarial science whilst combining this with legal knowledge and practical application. 

With changes to the England & Wales Personal Injury Discount Rate fast approaching, our team continues to monitor activity, with multiple webinar discussions, podcasts and insights. Take a look at our hub below.

In addition, given the complex nature of PPO’s , we have developed an overview of these as an alternative to traditional lump sum payments, we highlight what to look out for during the currency of a claim, on and after settlement. 

Personal Injury Discount Rate Hub

Take a look at our insights:

Amputation

Advances in orthotic and prosthetic technology in recent years have brought claimants closer than ever before to the goal of being put back in the position they were in physically, before they lost their limb or suffered a catastrophic injury. However, with new technology that is constantly evolving, comes higher costs, and with the cost of this new technology rising year on year, claims inflation is a significant issue. 

Our specialists analyse every aspect of a case to ensure rehabilitation, support and technological advancements translate to increased independence for the claimant, at home, in work and in the community.

 Take a look at our insights:

Brain Injury

Claims involving brain injury are complex with wide ranging symptoms from physical to cognitive and behavioural effects which, at their most severe, will have a devastating and life-long impact on a claimant's independence and ability to work. With no definitive way of predicting the extent of a claimant's recovery, there are often contentious heads of loss to deal with requiring extensive medical and expert evidence. Our specialist lawyers are experienced in handling brain injury claims to develop and promote best practice. This includes exploring future developments and trends both in the treatment of brain injury patients and the management and handling of their claims. We understand the challenges and complications that these claims pose, in relation to life expectancy, rehabilitation, capacity and costs to highlight a few.

Take a look at our insights:

Care, Statutory Funding & Rehabilitation

Our team of specialist lawyers, led by Stuart Furniss, make up Clyde & Co’s Care, Statutory Funding and Rehabilitation SMG. The SMG monitor and analyse recent and potential future trends and data on, what is generally, the largest (ever increasing) heads of loss in catastrophic injury and large loss claims. Due to the well-publicised state of crisis in the care sector and inflationary pressures, this analysis is now becoming more important than ever.

The SMG are also well versed in devising bespoke strategies to steer and drive rehabilitation to ensure that case managers work effectively to achieve the best and quickest possible outcome for every claimant.  This includes maximising statutory funding, with expert input, where appropriate.  

Take a look at our insights:

Chronic Pain

Chronic pain cases are complex to defend in respect of the medicine and legal causation. As well as this, the claimants can often be complex individuals, presenting complex challenges for defendants. Our Chronic Pain experts have an in-depth knowledge of a wide variety of pain conditions, including fibromyalgia, chronic pain syndrome, complex regional pain syndrome, chronic fatigue syndrome, conversion disorder and somatoform disorder. 

Take a look at our insights:

Capacity & Court of Protection

Our specialists offer information and guidance on strategy on issues such as capacity, best interests, DOLS, property and affairs, health and welfare and vulnerable witnesses as well as the involvement of deputies, local authorities and professional trustees in the context of catastrophic injury claims. 

The team also analyses and interprets decisions made by the Court of Protection where relevant to these issues. Our objectives are to educate and arm those dealing with claims so they know what they should and should not do when Court of Protection becomes involved as well as encourage a more open approach to the sharing of evidence between it and the Kings Bench Division.

Cross-border

Our cross-border group specialises in advising on issues and trends in international claims across different jurisdictions. With over 60 offices on six continents and long-standing experience in significant claims, our specialists regularly advise clients on complex issues involving issues of jurisdiction and choice of laws and how to navigate the additional complexities of claims with an international element. The team has many years of experience and a large network of international lawyers and experts to input into the group.

The group regularly lobbies in relation to key issues in the area and have an array of contacts across the globe to assist in all issues.

International & Travel claims brochure

 Take a look at our insights:

Data & Innovation

Our specialist Data & Innovation group focuses on development and delivery of our suite of tech and innovation production, within the catastrophic injury and large loss sector. Including the Claims Valuation Tool, Loss of Earnings & Pensions Calculator and Spinal Injury Pathway. 

The team is also responsible for the analysis and oversight of the catastrophic injury and large loss data set; identifying key issues and trends, providing more complete answers and better management information. As the biggest legal provider to the UK Casualty market, with the largest data set, all of our innovations draw on the deep experience of or legal and forensic teams, to provide automated solutions that span the claims lifecycle.

Clyde & Co Newton

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 Our claims innovation offering

Experts

In all catastrophic injury cases, experts of varied disciplines are critical to the proper assessment of liability and damages. Our Experts group ensures that our catastrophic injury lawyers have a route to the best experts by way of our Expert Database and best practice guidance.

The team is also responsible for identifying and commenting on development in case law and Court of rules which might impact expert evidence and for creating policy and database processes alongside our Information Service and Compliance colleagues. The team’s primary objective is to collate data and information on experts on an ongoing basis and collaborate with the other Practice Groups to ensure our data is comprehensive and up to date. 

Take a look at our insights:

Policy Unit

Policy coverage and indemnity issues can be complex and difficult to manage, with insurers always mindful of the FCA’s new Consumer Duty and reputational risks. However, in appropriate cases, careful deployment and management of these issues can lead to significant savings for insurers. 

Our policy unit provides a focus on those issues of policy coverage and indemnity which frequently arise in casualty claims, ensuring that these points are identified, investigated and dealt with appropriately. Our specialists cover all aspects of this area, including advising on the implications of policy wording, cases involving breach of condition (such as non-disclosure and late notification), dual insurance issues arising as a result of the existence of multiple policies and advising on insurer status in relation to road traffic accidents. 

Scotland

Our Scotland group comprises our Scottish representatives on our UK-wide groups and other senior lawyers with expertise in catastrophic injury claims in Scotland. Our Scotland specialists provide a focal point for discussion of issues under consideration at our UK-wide groups from a Scottish perspective, driving follow-up activity in ensuring Scotland-specific commentary in relevant UK-wide publications when needed. Our Scotland group also works as a platform from which we monitor developments in the Scottish law reform agenda, responding to all relevant consultations.

While the medical issues and practical implications involved can be the same UK-wide, the Scottish pre-litigation, litigation and costs systems are completely different compared to England & Wales. Other particular points of difference in the areas covered by our UK-wide groups include on discount rate setting methodology and in post-fatality claims where there is potential for significantly higher awards in Scotland than in England & Wales. 

 Take a look at our insights:

Spinal Injury

Accidents involving injury to the spinal cord account for some of the largest and most complex catastrophic injury claims that we see. Analysis of settled case data shows that spinal injury claims have longer cycle times and disproportionately higher costs. Managing expectations in spinal injuries can be challenging, with a complex medicolegal process frequently impeding recovery and outcome. 

We bring together experienced lawyers from across our Catastrophic Injury & Large Loss team, enabling us to analyse the implications of key data, sources, evidence and trends that will have an impact across spinal injury cases. 

 Take a look at our insights:

Our Spinal Injury podcasts