 | Disabled housing claims for catastrophically injured claimants |
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| Posted By : Bill On 07/09/2018 09:25:47 | |
| The passage of time, inflation, and the reduction in the discount rate have brought accommodation claims to the forefront in catastrophic injury claims. A very recent example for me is a house costing £1.6 million. The existing system requires the claimant to find that money from other heads of claim, leading to a shortfall in later life unless she can release equity when it is required. This could be disastrous for someone with catastrophic injury, and may force her to capitalise future losses better suited to periodical payments. All sorts of solutions have been proposed over the years, but none have been workable – and that might still be the case. Some current suggestions are: 1 no claim for purchase price of property ie RvJ 2 defendant to pay the cost of the property 3 the lifetime cost of renting a property 4 claimant or defendant fund a loan or a mortgage – periodical payments order or a lump sum to fund – repayable on death, or during life 5 the defendant buys the property and gives the claimant a lifelong tenancy 6 Similar to option 4 with the defendant owning part of the property, the defendant’s percentage being held in trust 7 equity release 8 a compromise of the claimant using the pain and suffering damages as part payment, the defendant to fund the remainder of the cost. This blog is too short for a proper analysis of the suggested solutions, and the case law, but I've written an article for the next edition of Personal Injury Law Journal . | |
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