Legal Guidance and Research / Experts / Caroline Klage
Caroline Klage#2511
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Caroline Klage

Bolt Burdon Kemp

Caroline developed and heads up the eight-strong child brain injury team at Bolt Burdon Kemp, where she has been a partner since 2006. Caroline specialises in cases involving child brain injury and has achieved strong results in a number of high value and complex matters. She feels privileged to act exclusively for children who have sustained brain injury due to substandard medical treatment or as a result of a traumatic accident including road traffic accidents.

Caroline champions a pro-active, practical and holistic approach. Her priority is to ensure her clients receive rehabilitation at the earliest possible opportunity to maximise their chances of achieving the optimum outcome whilst providing essential and effective support to her clients' families. She works closely with her clients' families, schools and healthcare professionals to ensure their complex needs are well met so that they can flourish post-injury.

Caroline has successfully applied for statements of Special Educational Needs ('SEN') and Education and Healthcare ('EHC') Plans for her clients and has also successfully appealed the contents of statements of SEN and EHC Plans in relation to provision and school placement.

Caroline has been widely praised for her exceptional client care and is the firm's client care partner. She risk assesses the medical negligence cases for the whole firm and was formerly Head of the Medical Negligence team before setting up the specialist Child Brain Injury team.

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 2001

Membership

  • APIL

Education

  • College of Law London - LPC - Commendation
  • University of Nottingham - European Law (LLM) - Distinction
  • University of Lancaster - European Legal Studies with German (LLB) - 2:1
  • Queen Elizabeth's Girls' School, Barnet ' A-levels French (A), German (A) and Economics (C)

3 Contributions by Caroline Klage

Pre- and post-liability rehabilitation in serious brain injury claims: funding routes, case management, and accommodation (Swift v Carpenter) amid the 0.5% discount rate (England and Wales)
PRACTICE NOTES
Pre- and post-liability rehabilitation in serious brain injury claims: funding routes, case management, and accommodation (Swift v Carpenter) amid the 0.5% discount rate (England and Wales)
On 2 December 2024, the Lord Chancellor confirmed a change to a positive 0.5% discount rate, effective from 11 January 2025. Under Schedule A1 to the Damages Act 1996, as added by Part 2, section 10 of the Civil Liability Act 2018, further reviews must occur within five years of the previous review’s conclusion; therefore, the next review must start on or before 2 December 2029. For detailed guidance on serious brain injury claims, see Practice Notes: Claims involving serious brain injuries, Valuing serious brain injury claims and Rehabilitation Code 2015. Rehabilitation before liability is resolved For many brain-injured claimants—adults and children alike—the primary objective is to progress from hospital or a residential rehabilitation setting to life within the community. This is linked to a better quality of life: with appropriate support, brain-injured claimants should be enabled to complete as many activities of daily living as independently as possible greater independence and self-reliance are closely associated with self-esteem and overall quality of life community living should encourage stronger social integration, with easier access to family and friends—and...
PI & Clinical Negligence
Quantifying Serious Brain Injury Claims: PSLA, Heads of Pecuniary Loss, Expert Evidence, Witness Statements, and Rehabilitation, Care and Accommodation Costs
PRACTICE NOTES
Quantifying Serious Brain Injury Claims: PSLA, Heads of Pecuniary Loss, Expert Evidence, Witness Statements, and Rehabilitation, Care and Accommodation Costs
General damages General damages refer to losses that cannot be measured with precision, so a fair figure must be assessed. They cover non-pecuniary harm (past and future)—including pain, suffering and loss of amenity (PSLA)—as well as future pecuniary loss. For fuller explanations of general and special damages, see Practice Note: Common recoverable losses in personal injury cases—What are general damages and special damages? PSLA is valued in light of the medical evidence. Because clinicians do not have the same day-to-day contact with the claimant as close relatives, friends and support staff, it is crucial that experts are told—clearly and systematically in witness statements—about the difficulties observed by those supporting the claimant. This enables experts to gain the clearest picture of the claimant’s problems and to produce reports that are as thorough as possible. Life expectancy will influence the level of general damages. See Practice Note: Pain, suffering and loss of amenity (PSLA). Past and future pecuniary loss Common heads of claim in serious brain injury matters include: care case management neuropsychology neuropsychiatry...
PI & Clinical Negligence
Serious Brain Injury Claims in England and Wales: Causes, Expert Evidence, Interim Payments, Settlement (PPOs/Provisional Damages), Capacity and Court Approval
PRACTICE NOTES
Serious Brain Injury Claims in England and Wales: Causes, Expert Evidence, Interim Payments, Settlement (PPOs/Provisional Damages), Capacity and Court Approval
NOTE On 2 December 2024, the Lord Chancellor confirmed a shift in the discount rate to +0.5%, coming into force on 11 January 2025. Under Schedule A1 to the Damages Act 1996, further reviews must occur within five years of the last review’s end, so the next review must begin on or before 2 December 2029. For further guidance on serious brain injuries, see the following Practice Notes: Valuing serious brain injury claims Rehabilitation in serious brain injury claims Causes of a serious brain injury Serious brain injuries may arise from numerous causes, including trauma, deprivation of oxygen, infection, hydrocephalus, encephalitis, brain tumours, stroke, toxicity, degenerative disorders, metabolic and endocrine dysfunction, and nutritional deficiencies. The first seven are set out in greater detail below, as they may found a clinical negligence or personal injury compensation claim. Traumatic brain injury (TBI) Traumatic brain injury (TBI) occurs when a physical force impacts the brain, which may or may not breach the dura mater (the brain’s covering). The principal causes of TBI are road traffic accidents (involving drivers and passengers)...
PI & Clinical Negligence
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