Claims involving serious brain injuries
Produced in partnership with Caroline Klage Bolt Burdon Kemp
Claims involving serious brain injuries

The following PI & Clinical Negligence guidance note Produced in partnership with Caroline Klage Bolt Burdon Kemp provides comprehensive and up to date legal information covering:

  • Claims involving serious brain injuries
  • The causes of serious brain injury
  • Features of serious brain injury
  • Diagnosing a brain injury—expert witness evidence
  • Practical challenges
  • Interim payments
  • Settlement
  • Capacity

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.

For further guidance on serious brain injuries, see Practice Notes: Valuing serious brain injury claims and Rehabilitation in serious brain injury claims.

The causes of serious brain injury

Serious brain injuries can occur due to a number of causes including trauma, deprivation of oxygen, infection, hydrocephalus, encephalitis, brain tumours, stroke, toxicity, degenerative disorders, metabolic and endocrine dysfunction and nutritional deficiencies. The first seven of these causes are explained in more detail below as they may give rise to the basis of a clinical negligence or a personal injury compensation claim.

Traumatic brain injury (TBI)

Traumatic brain injury (TBI) happens when there is a physical impact to the brain which may or may not penetrate the dura mater (the covering of the brain). The main causes of TBI are road traffic accidents (involving drivers, passengers, motorcyclists, cyclists and pedestrians), accidents where articles fall onto the claimant’s head which can happen in the work environment, ie a building site or more generally in the community, falls where the claimant’s head meets with the ground on impact, assault and recreational activities. See Practice Notes: Driver liability, Pedestrians, children and passengers involved in road traffic accidents