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This paper considers how compensation claims are calculated for people who have acquired brain injuries as a result of negligence or an accident. It distinguishes between criminal compensation and civil damage and clarifies the full recovery principle, ie. that the claimant should receive sufficient compensation to place them in the same position as if the incident had not occurred. The heads of damages are then explored in detail, before considering how those who lack capacity are protected. It concludes that gaining full compensation for someone is not simply a matter for solicitors, but requires the support of the multidisciplinary team, the client and their family.
Keywords:
Criminal injuries,
General damages,
Pain,
Suffering,
Special damages,
Loss of earnings,
Capacity
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© Emerald Group Publishing Limited
2010
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