Pankaj Madan

Call 1997

madan@exchangechambers.co.uk

“….Combative with charm. Knows exactly what he is doing. Has a real touch for big PI claims”.

The Legal 500 2021
Photo of Pankaj Madan

Personal Injury

Pankaj specialises in Catastrophic and Life-Changing Injury with specialist expertise in Brain Injury, severe limb injury, high-value Pain and Complex Regional Pain Syndrome (CRPS) claims. He attracts a loyal and ever-increasing following from both Defendant insurers and Claimants. He acts usually only in very high value cases often involving pedestrians or motorcyclists. He is adept at liability issues.

He is from a medical family and has an excellent understanding of medical issues. He is renowned for his meticulous eye for detail and sensitive, sympathetic client approach.

Pankaj continues to be commended every year by the Legal 500 since 2008:

“A first rate lawyer with IT and technology skills second to none. Combative with charm. Knows exactly what he is doing. Has a real touch for big PI claims. More hard-working than almost anybody I know. More than a safe pair of hands.”

“Works very hard to achieve the right result. Doing a mixture of Claimant and Defendant work is able to present a balanced view whichever side has instructed him. Very detailed analysis of complex medical issues.”

The Legal 500 2021, Personal Injury, Tier 1

Pankaj is routinely instructed nationally by leading firms and he frequently confers with insurers, medical experts in chambers or severely injured claimants often in hospitals or rehabilitation facilities or their own home. Travel anywhere in the country is not an issue.

He is instructed and respected by leading Defence firms, and sought after by the insurers often at the first intimation of a claim. He adopts a team approach with the insurer and Solicitor.

Pankaj has efficiency at the foremost of his practice and operates a “paperless” practice. He welcomes instructions in entirely electronic (PDF) form. This results in better use of fixed or budgeted costs and enhanced security.

He is a Deputy District Judge 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 £5 million. He often appears against Leading Counsel on his own. He has ongoing cases with a potential value up to £18 million.

Areas of practice

  • Brain injury ranging from catastrophic severity to the subtle but severe –
  • “CRPS” Complex Regional Pain Syndrome
  • Chronic and serious limb injuries with actual or potential amputation often with CRPS issues as well.
  • Spinal Injury

Also high-value cases involving:-

  • Hyper-extension flexion injuries leading to Chronic Pain syndrome, or exacerbating pre-existing conditions such as fibromyalgia and joint-hypermobility syndrome
  • Unusual Psychiatric Injury e.g. Somatisation Disorder and Hysterical Coversion Syndrome
  • Fatal accidents

Pankaj is also a national lecturer in personal Injury and published multiple author. He has written several books on Subtle Brain Injury and Chronic Pain. He is writing his third book on Catastrophic Brain Injury. He has been guest lecturer at the Royal Society of Medicine on the subject of Chronic Pain and CRPS and at the Peterhouse Annual Medico-legal Conference in Cambridge, and the International Birmingham Pain Forum.

Cases

BXR (2020) – Successfully concluded a catastrophic child brain injury case (led by Gerard McDermott QC) in just over a year from instruction and before the 3rd anniversary of the accident. The Defendant insisted on a COVID Clause that if the client dies within a year of further damages will not be payable. This was only the second case in history where this clause was utilised. Settlement of £8.6 m on a lump sum basis including contributory negligence.

GXK (2020) – Successfully secured (with Leader) £3.8 million on a case of a severe traumatic brain injury in a young man with dismal prospects, a criminal conviction and almost no prior history of earning capacity. Severe nature of injury was identified and likely need for support and rehabilitation.

AXH (2020) – Successfully secured (with Leader) a settlement of £9.25 million lump sum on a case of a passenger in his mother’s vehicle who was severely brain injured in a road traffic accident aged 13. Resolved in 2020 after careful handing over many years to bring Claimant into outside external rehabilitation.

PH (2020) – Settled at £1.4 million in damages on a subtle brain injury case were Claimant, despite falling a height through a fragile roof, barely lost consciousness. The issue of any continuing brain injury was put in dispute early on by the Defendant.

P v B (2021) – Acting for the Defendant in a case of allegedly serious Complex Regional Pain Syndrome in which liability is also in dispute. The value of the claim would be over £1m. The Defendant alleges fundamental dishonesty.

AXB v CXB (2020) – Successfully concluded what is believed to be the first Joint Settlement Meeting using video-link technology. The case involved a severe brain injury to a young man in a road traffic accident, leaving him with significant cognitive and behavioural impairments.

CXA v BXD (2020) – Successfully secured a £1.4 million lump sum settlement for a man who suffered a traumatic brain injury after a serious accident at work bringing a 4-year legal battle to an end. Settlement was reached after a remote mediation held by video with all parties working from home.

Khuzan Irani v Oscar Duchon (2019) – The court had been correct to employ the broad-brush approach in Blamire v South Cumbria HA [1992] 10 WLUK 104 where there was a lack of reliable evidence to assess the damages owed to a road traffic accident claimant whose injuries had led to his redundancy and consequent loss of his immigration status in the UK.
PERSONAL INJURY – DAMAGES
[2019] EWCA Civ 1846
CA (Civ Div) (Sir Terence Etherton MR, Hamblen LJ, Holroyde LJ) 6/11/2019
References: LTL 6/11/2019 : [2019] 11 WLUK 45 : [2020] PIQR P4

I v D – Claimant suffered serious injuries in a road traffic accident. Claimed his immigration status had been affected and that he must return back to India. Deputy High Court Judge awarded him £406,000 but then appealed to the Court of Appeal contending that the Judge should have awarded him around £1m. Appeal was dismissed due to insufficient evidence of earnings.

GXR (2018) – Successfully secured a settlement of £5m with Leading Counsel for a Catastrophically Brain Injured Claimant with very limited speech and reduced cognition.

NXG (2018) – Successfully secured a settlement with Leading Counsel of around £4.5m at a JSM for a Catastrophically brain injured Claimant with reduced life expectancy. All issues in dispute.

A v B – Successfully secured a settlement of around £2.2m at JSM for a catastrophically injured Claimant in his late 50’s. The Claimant had been substantially brain damaged, profoundly affecting his speech. He also suffered upper and lower limb injuries which affected his mobility.

C v D – Acted for a high net worth motor-biker with profound leg injuries as a result of a road traffic accident with a car. Claim settled for £1.2m – provisional and contingent on their not being an amputation in future.

D – Acted for a subtle brain injured claimant motorcyclist. Settled at £800,000

R – Acting for the Defendant against Leading Counsel in a Complex Brain Injury case where the claimant was struck in an accident at work. Settled at £1.9 million.

D – Acted successfully for the Claimant in a severe case of Complex Regional Pain Syndrome arising out of a modest RTA. The case illustrates the importance of provisional damages in CRPS cases due to the risk of spreading. £550,000 provisional damages settlement.

AB v CF – Acted for the insurer defending a subtle traumatic brain injury claim. Exposed as fraudulent. Settled for an old offer of £10,000.

M – Acted for the Defendant insurers from an early stage in an alleged CRPS case with a claim of over £2m. Settled at £350,000

H – Acting (with Leader) for a young man with a severe TBI. Potential claim up to £18m.

R – Acted successfully for a brain injured 92 year old Claimant (90 at date of accident) Securing damages within 12 weeks of instruction at JSM of £350,000.