Future Care Costs Damages Expert Witness

Future care costs form a central head of loss in catastrophic injury and clinical negligence claims where the claimant requires ongoing support, therapy, equipment, and case management. A care expert - typically an occupational therapist or specialist nurse - assesses the claimant's needs and produces annual costings. The quantum expert capitalises those annual figures using Ogden multipliers based on life expectancy and the prescribed discount rate, presenting both lump sum and periodical payment scenarios where appropriate.

Accommodation claims have been transformed by George v Biggs [2023], in which the Court of Appeal confirmed that the Roberts v Johnstone formula no longer applies and claimants may recover the full capital cost of disability-adapted accommodation, subject to a deduction for the value of property they already own or could afford. Expert witnesses work with architects and property experts to quantify the additional capital and ongoing costs of suitable housing, integrating accommodation with care and equipment heads in the Schedule of Loss.

Court of Protection and deputyship costs, therapies, respite care, and assistive technology are quantified as separate line items with appropriate indexation assumptions. Where the court considers a periodical payments order, the expert models annual care costs indexed to ASHE or another agreed index, comparing the present value of PPO streams against lump sum awards. All assumptions on life expectancy, escalation, and mortality are disclosed for joint expert discussion and trial.

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