Successful Limitation of Claim for Medical Expenses

Rachel acted for the Defendant at the Stage 3 Ministry of Justice hearing of a personal injury matter. Rachel successfully argued that, despite documentary evidence that the Claimant had undergone the number of physiotherapy sessions recommended by a medical expert, the special damages awarded should be limited to the cost of around one third of those sessions.

The Judge accepted Rachel’s submissions that, since the Claimant’s injury was partly an ‘acceleration’ injury, the additional physiotherapy would have been required at some point in the future regardless of the Defendant’s negligence.

The Judge accepted Rachel’s submissions, limiting the special damages award on the basis that to award the Claimant the entirety of his claim for medical expenses would be to put him in a better position than he would otherwise have been in.