Rehabilitation in serious brain injury claims
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:

  • Rehabilitation in serious brain injury claims
  • Rehabilitation before liability is resolved
  • Rehabilitation after liability has been resolved
  • Case managers
  • Support workers
  • Treating neuropsychologist
  • Neuropsychiatrist
  • Educational Psychologist
  • Therapists
  • The claimant’s loved ones
  • More...

Rehabilitation in serious brain injury claims

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.

Also see Practice Notes: Claims involving serious brain injuries, Valuing serious brain injury claims and Rehabilitation Code 2015.

Rehabilitation before liability is resolved

Often, for a number of brain-injured claimants, both children and adults, a transition from hospital or a residential rehabilitation unit into the community is the ultimate goal. It is associated with a better quality of life:

  1. with support, brain-injured claimants should be encouraged to undertake as many activities of daily living as independently as possible

  2. increased independence and self-reliance are intimately linked with self-esteem and quality of life

  3. living in the community should facilitate great social integration as family and friends will be more accessible and also greater social acceptance

Pending the resolution of liability, the claimant’s choices are limited. While they may be able to access a range of services through statutory providers, funding constraints and the high demand

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