Nobody can possibly tell when they may have the misfortune to have a serious or life-changing accident. Rarely does anyone plan their response to such an event. It goes without saying that any severe accident is devastating but an accident abroad can be overwhelming. The Association of British Insurers (ABI) report 3,000 British citizens need emergency treatment abroad every week; a large proportion of which relates to people who have suffered injuries in an accident.
Initially, it is quite understandable that the injured individual and the friends and family with them will focus on recovery and return home. Generally, it is apparent that the injured person will be in need of on-going medical treatment followed by rehabilitation. However, in some cases it is often only when a person attempts to resume their day to day life that the effects of an accident are fully recognised. The physical injuries resulting from, say, a head injury will almost certainly heal but the consequences, such as memory loss and the inability to concentrate or drive a car may only become apparent after the physical recovery and often last a considerable time or even are life-long. Such after-effects can and do impact on a person's ability to earn a living and often considerably impair their ability function on a day-to-day basis.
Giambrone's personal injury team works closely with the insurance team to assist the injured person and their families to make personal injury compensation claim when an accident arises due to third party negligence or reckless behaviour. Our expert lawyers have extensive experience in negotiating with insurers and can assist our clients with the range of information and evidence required.
Pierro Mastrosimone, head of insurance and personal injury, commented "the team are very aware of the importance of obtaining an award proportionate to the both the initial impact injury and the potential for any long term effects to the injured person," he further commented, "all too often insurers pressure the injured party to accept the first offer made before the evidence has been properly assessed. Personal injury compensation claims must take into account every aspect of the injured person's prognosis and their individual personal circumstances. There is a considerable difference in the needs of an individual on whom others rely and whose limitations after an accident forces costly alternative arrangements to have to be made to accommodate the needs of the third party, than a person with no such responsibilities. The importance of a thorough and detailed assessment of the injured person's situation cannot be emphasised enough as the award given must be appropriate and wholly adequate for the injured person's on-going needs"
Before the courts can reasonably access the level of compensation that should be awarded a Quantum Report will be needed. A Quantum Report documents all aspects resulting from the injury providing the quantum, meaning the entire value of the claim, in respect of the needs of the injured person with regard to their rehabilitation and day-to-day care needs, assessing the time frame to a reasonable expectation of recovery to full health, or alternatively, whether the person will require whole-life care. The court must consider the medical experts prognosis when making a decision.
A Quantum Reports outlines:
- The initial diagnosis provided by medical experts
- The prognosis
- Treatment to date
- The costs of care and assistance since the accident
- The potential capacity to work
- The impact the injury has had on the family of the claimant
- The expert recommendations for adaptations to the family home, if required, to facilitate day to day activities and reduce risk
- Any recommended specialist equipment to assist in daily life
- Adapted vehicles or any other mobility devices
- Cost of intermittent respite care
- Future care in the event of decline
A Quantum Report must be compiled by a medical expert or experts that are qualified to make such an assessment. Giambrone's personal injury lawyers can, if necessary, assist with a range of appropriate experts from whom personal injury clients can select to make the necessary assessments. Once all the information has been collated Giambrone's personal injury lawyers can begin negotiations with whichever entity, insurers or an organisation or individual, that was responsible for the accident.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.