Catastrophic injury claims—heads of claim
Produced in partnership with Andrew Wilson
Catastrophic injury claims—heads of claim

The following PI & Clinical Negligence practice note Produced in partnership with Andrew Wilson provides comprehensive and up to date legal information covering:

  • Catastrophic injury claims—heads of claim
  • General damages for pain, suffering and loss of amenity
  • Loss of earnings
  • Loss of pension
  • Care and attendance
  • Accommodation
  • Aids and equipment costs
  • Medical expenses and treatment cost
  • Case management
  • Court of protection/deputy fees
  • More...

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5 August 2019.

This Practice Note sets out the potential heads of claim in a case of severe injury and, where appropriate, provides some limited guidance.

General damages for pain, suffering and loss of amenity

Damages for pain, suffering and loss of amenity (PSLA) will be valued in the normal way, using the Judicial College Board guidelines and case authorities.

In cases of catastrophic brain injury, there may be some issue as to the claimant’s consciousness (and therefore their perception of pain). It is true that an award in relation to pain and suffering depends on the claimant’s awareness of his suffering (it is a subjective loss).

However, damages for loss of amenity are not dependent on any proof of awareness. They are based on objective assessment of what the claimant has lost.

Loss of earnings

Where the claimant has suffered injuries which are severe, but which are not catastrophic, the practitioner must bear in mind possible residual capacity for work and the duty to mitigate loss. See Practice Notes: Past loss of earnings and Future loss of earnings—personal injury claims.

Loss of pension

See Practice Note: Loss of pension—personal injury claims.

Care and attendance

Care and attendance may be provided from different sources and the possibilities are:

  1. gratuitous

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