Litigation Case Study

Litigation Mental Capacity Assessment

Sally was a young lady that was involved in an industrial accident. As a result, she was seeking compensation for her injuries. We were approached by her solicitor who was concerned about her ability to understand the process. She had previously been assessed by her GP as having the capacity to litigate.

The first problem with the GP’s assessment was that they had used the wrong legal test and in doing so had used the wrong criteria for capacity to litigate. During our assessment it became evident that she suffered from something called the frontal lobe paradox as a result of her brain injury. Once we had identified this, we were able to demonstrate that Sally was not able to engage in the litigation process or understand and apply the relevant information to be able to litigate.

Following our assessment, Sally was appointed a litigation friend to assist her with the legal process. Sally was later awarded a significant sum of compensation.

If you or a loved one need help organising an assessment around capacity to litigate, then please get in touch.