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

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

  • Claims involving serious brain injuries
  • The causes of serious brain injury
  • Traumatic brain injury (TBI)
  • Deprivation of oxygen
  • Infection
  • Hydrocephalus
  • Encephalitis
  • Brain tumours
  • Stroke
  • Features of serious brain injury
  • More...

Claims involving serious brain injuries

NOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced that the discount rate would change to minus 0.25%. The minus 0.25% discount rate came into effect on 5 August 2019. Schedule A1 to the Damages Act 1996 provides that subsequent reviews are to take place within five years of the conclusion of the previous review which means that the next review must commence on or before 15 July 2024.

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

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