Expert witness in serious injury claims
Our team has advised more than 400 seriously injured clients over the past 20 years. Our job is to give clients financial peace of mind for the rest of their lives, and this process often starts before their claim settles.
We provide the following expert witness services:
Pension loss reports – valuing a claimant’s pension losses and loss of associated benefits.
We base our analysis on the client’s loss of earnings claim, valuing losses in relation to money purchase and final salary schemes. Our approach reflects PIBA best practice and we present our findings in a format that can be transposed directly into the schedule of loss.
Periodical payment assessments – working with claimants, their families and legal team to identify and report to the court on the most appropriate form of award.
This is an irreversible decision that will have a financial impact on the client for the rest of their life and continue to affect any surviving dependants after they have died. So this decision must not be treated as a simple numbers exercise, or driven by simplified linear financial assumptions that are unlikely to bear out in reality.
“The court shall have regard to all the circumstances of the case and in particular the form of award which best suits the claimant’s needs.” CPR part 41.7 (b)
The advantages and disadvantages of periodical payments will impact different clients in different ways and it’s essential to ensure they or their families are involved in the advice process.
When formulating our advice we check the schedules of loss to ensure everything adds up, and when settlement has been agreed we check the periodical payment order and the schedule to the order to make sure they accurately reflect the agreement or judgement. Thereafter we check the defendant’s annual calculations to ensure the claimant continues to receive the level of payments they are entitled to.
Getting the right balance between a lump sum and periodical payments means your client will continue to benefit from your care, expertise and hard work, long after their claim has been finalised.
For clients whose claim settled some time ago, but whose award may not have been invested appropriately and the deputy or trustee believes the client may have suffered a loss, we can provide an expert opinion and – if relevant – a valuation of their likely losses.
Our Expert Witness team is led by Katie Wilson. If you would like to discuss any of the services we offer please contact her at firstname.lastname@example.org.
Trustees and deputies
Personal injury trusts and deputyships