Sarah Atkinson

This Practice Note considers the issues that can arise with claims involving serious brain or head injuries, including those described as traumatic brain injuries (TBI) or catastrophic brain injuries. It covers the common causes of serious brain injury, typical features such as cognitive impairments and how a diagnosis is made. This Practice Note also examines the different types of expert evidence and practical issues such as funding the costs of care and therapy, interim payments, settlement structures and capacity issues.

This Practice Note looks at when a claimant is entitled, subject to evidence in support, to recover any past loss of earnings. It considers both the conventional approach and alternative approach to calculating this loss. Conventionally, a past loss of earnings claim is calculated by reference to a claimant’s average earnings for 13 weeks prior to the accident. The conventional approach may be inappropriate if a claimant’s earnings fluctuated before the accident or if a promotion, bonus or pay rise was anticipated. The impact of employee benefits on the calculation is considered as well the evidence that may be required if a claimant is self-employed or unemployed.

This Practice Note provides guidance on valuing serious brain injury claims. The common types of expenses or losses incurred in brain injury cases are considered together with the expert and witness evidence which will be required to support such claims.