Valuing 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:

  • Valuing serious brain injury claims
  • Damages
  • General damages
  • Special damages
  • Quantum evidence

Valuing serious brain injury claims

Damages

General damages

General damages are awarded for pain, suffering and loss of amenity. They will be quantified with reference to the medical evidence. As the medical experts simply do not have the same exposure to the claimant as their close family, friends and support workers, it is important to try to communicate to the expert the issues that close family, friends and support workers witness daily, set out clearly in witness statements. This will ensure that the medical experts have the very best understanding of the problems faced by the claimant and that their reports are as comprehensive as possible. Life expectancy will have an impact on the level of general damages.

See Practice Note: Pain, suffering and loss of amenity.

Special damages

Common heads of claim in serious brain injury claim are:

  1. care

  2. case management

  3. neuropsychology

  4. neuropsychiatry

  5. occupational therapy (OT)

  6. physiotherapy

  7. speech and language therapy

  8. accommodation (see Practice Note: Cost of accommodation):

    1. renting—property finder’s fees, the cost of renting, the costs of adapting and furnishing a suitable rental property, the increased costs associated with running a larger property, ie bills, utilities, cleaning, gardening and window cleaning, council tax and moving costs

    2. purchasing—property finder’s fees, the cost of adapting and furnishing a suitable permanent property or rehousing, stamp duty and the increased costs associated with running a larger property, ie utilities, cleaning, gardening and

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