Bolt Burdon Kemp

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 focuses on rehabilitation in serious brain injury claims. It covers rehabilitation before liability is resolved and rehabilitation after liability is resolved, including issues around funding the rehabilitation, the use of case managers, support workers and treating therapists and accommodation requirements.

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.