Health & Social Care Funding in Personal Injury Claims - Securing Funding & Valuing Future Care

Introduction

For claimant and defendant personal injury lawyers, understanding the statutory care funding available to an injured person can be crucial to accurately assessing the value of a claim and achieving an appropriate settlement. This is particularly important in catastrophic injury cases, where the injured person may have significant and complex physical and cognitive needs.

The issue can become especially pressing around the time of a joint settlement meeting. Claimant lawyers need to understand how much statutory funding may realistically be secured and how this could affect the damages claim, particularly where contributory negligence is an issue. Defendant lawyers, meanwhile, need to assess the extent to which statutory funding may be available when determining the appropriate level of any settlement offer.

However, securing appropriate funding is not always straightforward. Injured people with substantial care needs can find themselves caught between the health and social care funding regimes, with funding decisions that may be inadequate to meet their actual needs.

This practical new virtual classroom seminar will explore the key sources of statutory health and social care funding available to injured people, the steps that can be taken to secure and retain appropriate funding and how to challenge inadequate funding decisions. It will provide practical guidance to help PI lawyers understand the interaction between statutory funding and damages, assess the likely availability of funding when negotiating settlement and ensure that the injured person's complex ongoing care needs are properly addressed.

What You Will Learn

This live and interactive session will cover the following:

• Securing statutory funding where none is in place - practical steps where the injured person is currently self-funding their care
• Section 117 aftercare funding - eligibility, application and managing the tensions that can arise
• NHS continuing healthcare and children’s continuing care - establishing eligibility, securing funding and protecting entitlement in the long term
• Social care funding - meeting eligibility criteria, securing appropriate care packages and challenging inadequate provision
• PI awards and statutory funding - navigating double recovery, reverse indemnities and the interaction between damages and public funding
• Mental capacity and welfare decisions - identifying the costs and support that should be accounted for in the PI claim
• Practical case studies - applying the principles to real-world personal injury scenarios

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.