Why Empathy Matters in Loss of Service Assessments

Having worked in this industry for many years, and having reviewed and contributed to many loss of service claims, I now sadly see both sides of the coin.

As a family, we are dealing with the sudden death of my children’s father. Loss - whether through illness or accident - is loss. Whether expected or unexpected, it’s hard to manage, and the grief that follows needs careful handling.

From my perspective, I have no claim to make; there is no justification to do so. But what if there had been?

After dealing with inconsiderate and unhelpful pension and insurance providers, it made me stop and think: how do we, as care expert witnesses, approach loss of service “as humans” - when we have no prior relationship with the family until the letter of instruction arrives?

If those I was dealing with had access to medical records, they would have been able to better understand where the family was coming from. It would have saved time and reduced the need to repeatedly relive the index event. That’s something we hear from families often in our own work.

Having access to records - particularly for loss of service reports where children are involved - helps our expert witnesses gather sensitive detail without the need for intrusive or repetitive questions. It leads to a more holistic and compassionate approach to assessment and report writing.

The more comfortable a person feels during an assessment, the easier it is to gather accurate information.

Whether instructed for the claimant or defendant, our expert witnesses meet families at difficult moments - sometimes when grief is still very raw. The more we understand, the better we can assess the right level of replacement services for the future. This, in turn, helps solicitors gain a clearer view of what the family needs.

Preparing a loss of service report is never easy. It requires professionalism, but also empathy. And having access to relevant records enables us to produce the highest quality report possible - one that supports a fair and informed outcome.