A Practical Guide to Catastrophic Brain Injury Claims

This is a concise guide giving practical advice and reminders to those lawyers dealing with catastrophic brain injuries. The aim is to provide a short guide to help those bringing and defending such claims. A reminder and easy references of the principal points for those who are more experienced, a pathfinder for those who are perhaps just setting out in this area of personal injury perhaps with their first case, finding their way being led in a team. The book may also prove useful to some medical and treating experts, case managers and other professionals who become involved with severely brain injured people. Finally, the book may help some of the families who have been affected by a member with severe traumatic brain injury to understand some of the principles at work affecting the Claimant’s claim. ABOUT THE AUTHOR Pankaj Madan attended Leeds Grammar School and then Magdalene College, Cambridge where he read Law. He was called to the Bar in 1997. He undertook pupillage in Leeds. He is a practising Barrister and full tenant at both 12 King’s Bench Walk, London (since 2008) and Exchange Chambers, Leeds, Manchester and Liverpool (since 2012). Pankaj grew up within a medical family and is recommended by the Legal 500 for “his superb strategic approach to brain injury cases” and “a brilliant client manner”. He is praised for his “wealth of experience in subtle and catastrophic brain injury claims”. He represents both Claimants and Defendants usually only in high value severe, life-changing or catastrophic injury cases. The latter usually involve brain injury claims. He has an excellent understanding of medical issues. He is a member of the Royal Society of Medicine Pain Section Council, the first lawyer ever to be invited to sit, and has addressed two international conferences held at the Royal Society of Medicine. Pankaj is routinely instructed nationally by leading firms. He is sought after by insurers and defence firms too and adopts a team approach with the insurer and Solicitor. He has been a Deputy District Judge for over 13 years and has considerable expertise in costs management of high value cases for both Claimants and Defendants. He is experienced in claims of the utmost severity exceeding £20 million. Pankaj enjoys keeping fit, trail and fell-running, travel, the theatre and the opera and ballet. He is from a medical family background and is married to a Consultant Child Psychiatrist and is a dad. CONTENTS Chapter One – The Structure of the Brain Chapter Two – The Causes of Injury to the Brain Chapter Three – Severe Traumatic Brain Injury Chapter Four – Neuro-Imaging Chapter Five – The Functions of Different Areas of the Brain Chapter Six – Liability Chapter Seven – Pedestrian Accidents Chapter Eight – Starting and Managing the Claim Chapter Nine – Rehabilitation Chapter Ten – Mental Capacity Chapter Eleven – Late Complications of Brain Injury Chapter Twelve – Life Expectancy Chapter Thirteen – The Care Regime Chapter Fourteen – Settlement