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Bill Braithwaite QC speaks about his experience as a leading brain injury compensation lawyer
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-
J has made a reasonably good physical recovery from his injury, but he has considerable problems with sleeping, fatigue, memory, concentration, multi-
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
Male aged six run over by careless driver
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
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-
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.
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
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
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
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 £67,571.74
Past miscellaneous expenses £360,000.00
Future loss of earnings and pension contributions £473,486.36
Future care and case management costs £7,414,291.43
Future accommodation costs £786,936.24
Other future costs £941,973.40
Future Court of Protection costs £280,000.00
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
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.
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.
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
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
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.
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
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.
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