“He is an immensely experienced barrister who has the ability to put clients at ease.”
“Bill was inspirational, I now know my son has a secure future, and I have the strength to carry on.”
Chambers UK 2015
Client’s Mother
“He's a brilliant advocate and
incredibly sharp on his feet.”
“Exchange Chambers’ Bill Braithwaite QC is ‘exceptionally gifted’.”
Chambers UK 2015
Legal 500
“Thank you for introducing some sunshine into our lives and burning off that thick litigation fog! ”
“Instructing Bill on this case was pivotal to the successful outcome that was finally achieved.”
Client’s Father
Senior Solicitor
“Bill brings to each case, knowledge, experience and expertise that defendants find difficult to match.”
“Observers love working with claimant
specialist Bill Braithwaite QC”
Professor Mike Barnes, Neurological Rehabilitation, Newcastle
Chambers UK: Guide to the Legal Profession
“Big name Bill Braithwaite QC is considered to be simply outstanding in cross-
“His outstanding quality is that he cares passionately for the injured client.”
Chambers UK: A Client’s Guide to the UK Legal Profession
Senior Solicitor
“It is impossible to fail to be impressed by the quality
of his approach and analysis of facts.”
“Bill has an acute mind and has the gift of making complex situations appear straightforward.”
Senior Solicitor
Senior Solicitor
“When you work with Bill, you know you have the best claimant barrister in the country by your side.”
“I knew that Joe has been tenaciously, comprehensively and expertly represented.”
Senior Solicitor
Joe and Joanne
“He is really passionate about pursuing
justice for the claimant.”
“He has the ability to put clients at their ease while simultaneously being a fierce advocate for them.”
Chambers UK Bar Directory 2015
Chambers UK Bar Directory 2015
“I found Bill to be thorough and very good at explaining to my client the expert evidence.”
“We can't begin to imagine what we would have
done without you.”
Senior Solicitor
Client and his family
“It was a bad day when I had my accident but a good day when I met you so again thank you very much.”
“We thank you for your experience, knowledge and understanding at such a horrific time in our lives.”
David Tolley
Zoe Robinson -
“May you go on winning battles and righting wrong using the law as only you can!”
“We feel you are a credit to your profession and
always treated us with feeling.”
Nyree Dawn Porter -
Mr and Mrs Fox
“We cannot thank you enough and we shall
never forget you, nor will Johnpaul.”
“The final settlement was more than I expected and I can not thank or praise Bill enough for this.”
Jenny, Paul and Johnpaul
Gary Smith
“Bill gave clear, pragmatic advice and guidance, but he never forgot there was a boy in the middle of it all.”
“I cannot express my thanks for taking the time and trouble to take on my case, and for all your help, advice and wisdom.”
Julie Eeles
Nyree Dawn Porter -
“He combines forensic analysis with a very gentle and caring way with the clients.”
“He lives up to his reputation as one of the leading catastrophic injury lawyers in the country.”
Chambers Directory 2014
Chambers directory 2014
“I am so grateful -
wilderness for many years.”
“Thank you Mr Braithwaite QC... Bill, as you helped me through the dark into the light again!”
Nyree Dawn Porter -
Stuart Parry
Brain Injury Compensation Lawyer -
Services, Cases, Testimonials | Severe Brain Injury Claim Lawyers
Brain and Spinal Injury Medical Negligence Barrister
Brain and Spinal Cord Injury Solicitors -
Testimonials for Bill Braithwaite QC | Reviews for Bill Braithwaite QC
Questions for Brain & Spinal Damage Lawyers | Testimonials
About Bill Braithwaite QC | Brain Injury blog | Contact
Manchester
5th Floor
201 Deansgate
Manchester
M3 3NW
Liverpool
One Derby Square
Liverpool
L2 9XX
Leeds
Oxford House
Oxford Row
Leeds
LS1 3BE
London
46 New Broad Street,
London
EC2M 1JH
Bill Braithwaite QC | Call Me Now on 07885 185 678
Brain and Spinal Cord Injury Compensation
Real Case Reports, below
As a barrister who regularly finalises catastrophic brain and spinal cord injury compensation worth over £50 million every year, I know how critically important the compensation payout is so that a person who has suffered a severe injury can lead a decent life.
The aim of all good, specialist lawyers (who need to be selected very carefully) is to concentrate on quality of life for the injured person and family.
That should start with treatment and rehabilitation. Our job is to make sure that the claimant is receiving the best possible medical and therapeutic management; if the NHS does not have the facilities, it should be possible to arrange for private treatment. The object of good rehabilitation is to maximise independence, and to achieve quality of life, whatever that may look like.
Whilst that process is going on, and when the future can be predicted with some confidence, the lawyers prepare the compensation claim, by selecting experts to help in the process of creating a plan for life. That plan needs to be driven by the claimant and family, but informed as to choice by the lawyers and experts.
Here is a list of the brain injury compensation elements that should be included:
- Lifetime accommodation
- Brain injury case management support
- Therapies
- Transport
- equipment
- Holidays
- Management of leisure time
- Please note: this list is not exhaustive
I've written a book on the subject – contact me for a free copy.
Just click on any case below to see the types of compensation I get for my seriously brain and spine damaged clients.
Bill Braithwaite QC speaks about his experience as a leading brain injury compensation lawyer
Video clip of Bill Braithwaite describing his expertise as a brain & spinal injury claims lawyer.
Bill Braithwaite QC talks about the importance of selecting the right brain injury barrister.
Bill Braithwaite QC discusses the critical issue of choosing an expert brain injury solicitor.
Bill Braithwaite QC speaks about the vital importance of picking an expert spinal injury solicitor.
Client testimonial video clip describing his experience of working with Bill Braithwaite QC.
07885 185 678
07885 185 678
Clinical negligence – midwifery and obstetric management
Name: BP Severe brain injury
Liability agreed in 2015
Compensation expected to be between £5 million and £10 million -
The Claimant’s mother was almost due to give birth to the Claimant when she went out for the day and, that evening, felt that the fetal movements had reduced. She rang the hospital and told them about the reduction of movement. They should have advised her to come into hospital for a check, but didn’t.
She went the following morning, but they failed to notice or act on the fact that the CTG (cardio-
The NHS, which complains so vigorously about claimant lawyers’ costs, defended this claim until it was only seven weeks away from trial. The cost of doing that must have run into hundreds of thousands of pounds, and yet they gave in almost completely at the end.
Paraplegia motor and sensory complete at T9 right and T11 left
Name: SR Male aged 52 when injured and 55 at the finish of his claim
Finalised in 2015 for £4.5 million, part as an annual payment
Needs 24 hour care
By the time the case finished, S had bought a lovely bungalow, with lots of room, and had settled into an established life with good support, doing what he wanted to do, when he wanted to.
The compensation was made up as follows:
Pain, suffering and loss of amenity £200,000
Financial loss to date of finalisation £509,000
Financial loss and expense for the rest of life:
Earnings £100,000
Support £135,000 a year
Therapies £150,000
Equipment £190,000
Transport £275,000
Accommodation £425,000
Holidays £50,000
Male aged 6 when nearly drowned in a public swimming pool – trial in 2015
Name: RD Severe brain damage
Needs 24 hour care
The Claimant, aged six, went to a public swimming pool with his father, who unfortunately let him out of his sight. The little boy went off on his own, went round some of the pool, got in, and he must then have got out of his depth and gone under water.
He remained under water for about 2 minutes and 40 seconds, before being rescued by one of the bathers in the pool. He survived, but is severely brain damaged.
There were four lifeguards on duty, two of who probably had direct responsibility for scanning the area of the pool where the Claimant nearly drowned. They were supposed to be operating the common system called 10/20; that means scanning your area of the pool every 10 seconds, and never being more than 20 seconds away from a potential casualty in your area. Neither of them ever saw the Claimant whilst he was submerged.
This case went to court, and the judge decided that the Northampton Borough Council had been negligent (careless) in their management of the pool. The Defendant has appealed, and we’re waiting for a hearing.
Male aged 20 when injured in a tractor accident and 23 when case finished in 2015
Name: DK
He is now a C6 ASIA C tetraplegic
Finalised for about £6 million, part as annual payments
Needs 24 hour care
The Claimant received £2,500,000 as a capital sum, of which he had already had £600,000 as payments on account. In addition, the annual payments will be £100,000 until age 50, and £150,000 for the remainder of life.
The compensation was made up as follows:
Pain, suffering and loss of amenity £250,000
Financial loss to date of finalisation £300,000
Financial loss and expense for the rest of life:
Earnings £550,000
Support £135,000 a year
Therapies £190,000
Physio £190,000
Equipment £600,000
Transport £300,000
Accommodation £625,000
Miscellaneous £120,000
Female aged 23 when injured in a hit and run, and 27 when claim finalised
Name: CC Severe brain damage
Compensation of £6.5 million, part as an annual payment
Needs 24 hour care
The Claimant suffered an extremely severe, diffuse brain injury, resulting in permanent physical, cognitive and behavioural difficulties. In particular, her mobility and dexterity remain impaired due to a right sided hemiparesis and she suffers from fatigue, requiring her to mobilise using walking poles, a walking frame or a wheelchair. Her speech is impaired and she is at increased risk of epilepsy.
The compensation was made up as follows:
Pain, suffering and loss of amenity £200,000
Financial loss to date of finalisation £650,000
Financial loss and expense for the rest of life
Earnings £550,000
Support £110,000 a year
Therapies £230,000
Physio £190,000
Equipment £600,000
DIY and gardening £80,000
Transport £500,000
Accommodation £30,000
Holidays £70,000
Court of Protection £365,000
More significantly, she has cognitive impairments affecting her memory, concentration, information processing and executive function, together with significant behavioural issues, including egocentricity, disinhibition and aggressiveness. She lacks insight into her condition and is considered to be a very vulnerable young woman. She cannot manager her own affairs.
Male aged 18 when injured in a car crash, and 22 when claim finalised
Name: JG Severe brain damage
Compensation of £3.25 million
Needs extensive care
The Claimant sustained a right thalamic haemorrhage, diffuse axonal injury and subarachnoid injury. He has undergone inpatient rehabilitation which proved limited in its long term value, and currently receives community based rehabilitation with the support of a brain injury case manager and support workers. These injuries have had considerable effect on the Claimant.
He now presents with classic brain injury impairments of fatigue, behavioural issues, cognitive difficulties, and personality change; he has limited insight and consequent loss of inhibition. His behaviour remains impaired, notably with anxiety, agitation and frustration. There has also been a change in the Claimant's personality which is now characterised by reduced volition and spontaneity. The combination of intellectual impairment and personality change make the Claimant extremely vulnerable.
The compensation was made up as follows:
Pain, suffering and loss of amenity £150,000
Financial loss to date of finalisation £510,000
Financial loss and expense for the rest of life:
Earnings £350,000
Support £1.9 million
Therapies £50,000
Court of Protection £315,000
Male aged six months injured in car crash
Name: CK Finalised in 2015 for £10.1 million | Needs 24 hour care
Chris was about six months old when he was injured in a car crash, and eight at the date of finalisation of his claim. He suffered a very severe brain injury, was hospitalised for a long period, and developed post-
1/ He will receive a lump sum of £3,300,000, subject to deduction of interim payments (£420,000) and CRU (£23,358.25), giving a net lump sum payable of 2,856,641.75;
2/ He will receive annual payments of £130,000 to his 16th birthday, £155,000 from his 16th to his 19th birthday, and £250,000 for the remainder of life. Those annual periodical payments are to be increased annually in line with inflation, and he will not pay tax on them.
The gross value is about £10,100,000.
Our figures were as follows:
Pain, suffering and loss of amenity (ie the injury itself) £250,000
Past gratuitous care and assistance £67,571
Past miscellaneous expenses £360,000
Future loss of earnings and pension contributions £473,486
Future care and case management costs £7,414,291
Future accommodation costs £786,936
Other future costs £941,973
Future Court of Protection costs £280,000
Male aged 52 at the date of the road traffic accident and 58 at settlement of the claim
Name: AH Severe brain injury
Finalised in 2015 for £5.1 million, partly as an annual payment
Needs 24 hour care
Tony suffered a severe brain injury in a road traffic accident in 2010. He made a reasonable, but not complete, physical recovery, but still exhibits a Parkinsonian gait which has made him rather unsteady on his feet with a slight risk of falling. He has a significant range of cognitive problems, including extremely poor memory, poor concentration and difficulties with higher executive functioning.
His claim was finalised by agreement for a lump sum of about £2.5 million, plus annual payments of £150,000 a year, increasing to £180,000 for the last seven years of life.
The figures were as follows:
Pain, suffering and loss of amenity £200,000
Past loss £1,290,000
Future loss
Earnings £160,000
Pension £15,000
Care and case manager £2,535,000
Accommodation £257,960
Therapies £163,656
Transport £49,727
Holidays £55,000
Court of Protection £241,253
Boy of six knocked down by van
Name: JA Severe brain injury
Now 18, and claim finalised for £5.5 million in 2015
Needs 24 hour care
J suffered a very severe injury to his brain which has resulted in extensive and severe learning disabilities, a spastic tetraparesis, and right-
The insurance company offered two alternative forms of settlement, namely either a lump sum payment of £5.8 million, or a smaller lump sum (£2.3 million) plus annual payments of £55,000 until the age of 25, £65,000 for the next three years, and £117,000 for the remainder of life (capitalized at £3.2 million – ie £5.5 million in total).
The financial adviser was clear in his advice that they should accept the annual payments rather than the simple lump sum, which they did. The figures are as follows:
Pain and suffering 206,706
Past Losses:
Loss of Earnings 0.00
Care and Assistance 193,833
Case Management 28,397
Treatment and therapies 21,635
Transport Costs 9,179
Court of Protection Costs 4,500
Miscellaneous expenditure 100,000
Interest (net of interims) 78,444
Total Past Losses 435,989
Future Losses:
Loss of Earnings 458,490
Care and Case Management 3,322,303
Treatment and Therapies 68,582
Accommodation Costs 532,829
Equipment and Transport Costs 335,843
Gardening and DIY 31,170
Holidays and Leisure 93,510
Court of Protection Costs 311,700
Total Future Losses 5,154,429
TOTAL LUMP SUM 5,797,125
Boy aged 11 at the date of the accident at school – 19 at settlement
Name : LG Catastrophic brain injury
Boy aged 11 at the date of the accident at school – 19 at settlement
Compensation agreed at £1.5 million – periodical payments to be considered
LG was seriously injured in an accident that occurred at his school in 2007. He suffered a severe brain injury as a result of this accident. He has made a reasonably good physical recovery from those injuries. However, he still has very significant cognitive problems, including difficulties with memory, multi-
TOTAL FUTURE LOSS £1,183,054
Pain, suffering and loss of amenity £125,000
Past loss £348,584
Future losses:
Earnings £231,324
Deputy £319,900
Accommodation £54,990
Case management £159,950
Care £319,900
OT £31,990
Psychology £10,000
Psychiatry £5,000
Family care £50,000
At the moment he is mainly helped by his mother but a support worker has now been introduced and the external support team should build up the hours and help him move towards a little more community independence. It is highly unlikely he will ever be independent without a support programme over his adult life. He is very unlikely to be employable on the open labour market. Current therapeutic input should continue as long as he is making progress towards objective and measurable goals. It is now past the time of natural brain recovery. He lacks capacity. There is a modest reduction in life expectancy.
Female aged 28 at the date of the medical negligence, and 38 at settlement
Name: NC Catastrophic brain injury
Low awareness state – reduced life expectancy
Settled in 2014 for £4.3 million -
Needs 24 hour care
Pain, suffering and loss of amenity £250,000
Past loss £700,000
Future losses:
Future care £210,000 pa
Future loss of earnings £54,000
Accommodation £544,273
Aids and equipment £100,000
Future motoring £81,140
Physiotherapy £22,960
Occupational therapy £5,000
Deputyship costs £114,800
Holidays with carer £10,000
Hydrotherapy £22,960
Speech and Language therapy £4,477
Male aged six run over by careless driver
Name: JPN Severe brain damage
Finalised in 2015 for annual payments and a capital sum amounting to £2,559,447
J suffered a severe brain injury, and orthopaedic injuries including a fracture of the frontal skull and a fracture of the left femur. Unfortunately, he developed right-
The compensation was made up as follows:
Pain, suffering and loss of amenity £150,000
Financial loss to date of finalisation £124,000
Financial loss and expense for the rest of life:
Earnings £350,000
Support £900,000
Brain injury case manager £300,000
Therapies £80,000
DIY, etc £30,000
Holidays £60,000
Court of Protection £380,000
J has made a reasonably good physical recovery from his injury, but he has considerable problems with sleeping, fatigue, memory, concentration, multi-
.