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Claimants success over future care costs

by Access Legal

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Claimants can now seek full recovery of future care costs from the defendant even when NHS provision or local authority funding is available.

It follows a Court of Appeal decision handed down in the case of Peters v East Midlands Strategic Health Authority and Nottingham City Council.

In this case, the claimant is a Protected Party subject to the Court of Protection, and who suffered serious brain damage as a result of the negligence of the defendant.

She now requires full-time care, and is a resident at a private care home funded by the local council and the Primary Care Trust.

The defendant sought to argue that there was no recoverable loss, because the claimant had the benefit of NHS/local authority funding for her future care needs.

The Court of Appeal Decision means that a defendant cannot require a claimant to rely upon NHS/local authority funding so as to reduce the cost to the defendant. The claimant is entitled to claim costs in full from the wrongdoer who has caused the loss.

Jacqueline Stephenson, legal executive and personal injury specialist at national law firm Shoosmiths, said: "This decision is a victory for seriously injured claimants requiring future care, possibly for the remainder of their lives.

"It removes the uncertainty and worry for claimants and their families over whether NHS/local authority funding for their care will be withdrawn at some stage in the future."

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