Emma is a Senior Associate running her own caseload of RTA, EL and PL claims involving traumatic brain injuries, spinal injuries, amputations and other orthopaedic injuries. These claims typically range in reserve value up to circa £2 million. She also works alongside the partners defending high value claims involving child and adult claimants who have suffered complex brain injuries requiring long running rehabilitation and ongoing support. These claims often involve issues of statutory funding, complex care and accommodation disputes.
Emma continues to build upon her caseload of complex brain injury cases and is a member of the Clyde & Co’s Capacity & Court of Protection Subject Matter Group which produces blogs, claim handling guides and analysis of key cases. She has delivered training to clients on the Mental Capacity Act 2005 and the various issues faced by insurers when capacity is in dispute.
She is also a member of the Clyde & Co Care, Case Management and Rehabilitation Subject Matter Group and has recently been involved in devising, collating and analysing results of a survey of care experts looking at current rates for care, case management and agencies with a specific focus on care claims inflation. Emma also contributes to wider projects including being a member of an insurer’s cross panel collaboration on care and case management.
She is also a Pro Bono & Social Impact Champion for the Bristol office.
Experience
Assisted to defend a claim presented in excess of £20 million which included 24 hour care at high agency rates. The claim required a detailed analysis of a high volume of records including carer notes and witness statements. Matter settled for just over 1/3 of pleaded claim, avoiding a PPO which the insurer was keen to avoid.
Defended a claim for damages following an RTA when the claimant was hit as a pedestrian. Claimant lacked capacity. Claimant contended for 24/7 care regime which we managed to avoid by reference to the likely position the Claimant would have been in but for the index accident.
Involved in defending a claim for a traumatic brain injury presented at circa £4.5 million following an RTA when the Claimant was a child. Settled the claim for a six figure sum after a successfully arguing that the Claimant did not lack capacity.
Assisting on a claim involving a complex head injury and life long care and rehabilitation needs. The case also involves issues of statutory funding.
Settled a case for less than 1/4 of the pleaded sum where a Claimant sustained lower limb orthopaedic injuries when he was hit by a car as he crossed the road. Case settled within 1 month of the defence being filed.
Defended a claim involving a spinal fracture where there was a dispute on the Claimant's ability to work full time and her ability to care for her children. Case involved analysis of her earning capacity and potential loss of promotion as well as a complex pension loss claim.
