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PI Brief Update

Acceleration of Symptoms Approach Revisited - Editorial

08/11/11. Lawyers may be missing a trick by not investigating the percentage chances of injuries occurring in the future following a recent case in the Court of Appeal.  It is commonplace for a personal injury dispute to boil down to one between the two medical experts with one suggesting that the accident merely accelerated an injury by say two years and the other expert either denying that the injury would have happened at all but for the accident or alternatively that the figure for acceleration is perhaps say, five or ten years. Just such a dispute arose in the case of Smithurst v Sealant Construction Services Ltd [2011] EWCA Civ 1277.

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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.