Bolt Burdon Kemp
3 Contributions by Bolt Burdon Kemp Experts
PRACTICE NOTES
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
PI & Clinical Negligence
PRACTICE NOTES
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,
PI & Clinical Negligence
PRACTICE NOTES
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
PI & Clinical Negligence
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