Brain Injury Claims - Quantum, Guidance & Caselaw

Introduction

Brain injury affects people of all ages and can arise in the context of clinical negligence (perinatal injury, stroke) and personal injury (road traffic and industrial accidents).

The most serious brain injury claims are amongst the highest value that injury lawyers see. Any brain injury claim requires lawyers to assess carefully the exact scope of loss and the probabilities of recovery. Careful consideration must be given to the instruction of appropriate experts. Disciplines will usually include neurology, neuroradiology, neuropsychology and care/OT.

The claimant’s advisers will generally work closely with the family to understand the claim as fully as possible. The defendant may wish to institute video surveillance to test whether the witness evidence is reliable.

What You Will Learn

This webinar will cover the following:

• A view of the different levels of severity of brain injury and their implications
• An overview of JC Guidelines and likely awards for pain and suffering
• Implications for earnings. Review of caselaw dealing with partial loss claims
• Non-commercial care. Likely applicable rates. Particular problems with brain injured children and adults
• Commercial care. Analysing bigger claims and considering additional factors such as the need for case management and occupational therapy
• The likely effect of brain injury on life expectancy and its implications for the calculation of future loss multipliers
• Update on any relevant recent law

This webinar was recorded on 11th April 2024

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