Pankaj Madan
Pankaj specialises in Catastrophic and Life-Changing Injury with specialist expertise in traumatic brain injury and severe Complex Regional Pain Syndrome (CRPS) and Functional Neurological disorder claims. He attracts a loyal and ever-increasing following from both Defendant insurers and Claimants. He acts usually only in high value cases often involving pedestrians, cyclists or motorcyclists. He is adept at liability issues. He is the author of two books, one on Chronic Pain and another on Subtle Brain Injury claims. He has an excellent understanding of medical issues and sits on the Royal Society of Medicine, Pain Section Council.
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, The Legal 500 in 2022 said that :-
“Pankaj Madan is regularly sought after by claimant and defendant firms for his expertise in catastrophic brain injuries, and has notable strength in cases involving subtle brain injuries”
In fact, he has been commended every year by the Legal 500 since 2008.
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. However he was one of the first to adopt paperless working and video conferencing many years before the pandemic.
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.
He is a Deputy District Judge brings his Judicial experience to every claim particularly in costs management of high value cases for both Claimants and Defendants.
He is experienced in claims of the utmost severity exceeding £10 million. He often appears against Leading Counsel on his own.
Personal Injury
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.
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 Conversion 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 Chronic Pain and CRPS and at the Peterhouse Annual Medico-legal Conference in Cambridge, and the International Birmingham Pain Forum.
Download sectionClinical Negligence
Pankaj is from a medical family and has wide background knowledge. He frequently confers with medical experts. He will consider high-value Clinical Negligence for both Claimants and Defendants particularly involving brain injury or pain conditions caused by Clinical Negligence although his principal practice is within Personal Injury.
Download sectionCosts
Pankaj has lectured extensively on Costs, particularly on Costs Budgeting in Catastrophic Injury Claims. He represents Claimants and Defendants at CCMC. His expertise as a Deputy District Judge is of considerable assistance in this regard. He ideally is involved several months before the actual CCMC and helps to formulate the budget in conference with the Solicitor particularly in relation to future costs. He is able to provide costs budget templates for his own instruction in cases based on collected data.
Download sectionQualifications & Awards
Accredited Advocacy Trainer North
Eastern Circuit Trained by CEDR –“Representing Clients in mediation”
Harmsworth Scholar of the Middle Temple (1996)
Astbury Scholar of the Middle Temple (1996)
Law, Magdalene College, Cambridge University (1993-1996) M.A. (2:1)
Leeds Grammar School (1982-1992), 4 A-Levels at Grade A. Theaker Economics Prize.
Appointments & Memberships
Deputy District Judge 2010-present
Accredited Advocacy Trainer- North Eastern Circuit
Personal Injuries Bar Association (Member)
Senior Associate Member of the Royal Society of Medicine
Section Council member Pain Section, Royal Society of Medicine.
Directories
His vast experience in complex or unusual injury claims, easy manner with the insurer clients and forensic approach when in conference with experts marks him out. Pankaj is tremendously knowledgeable when it comes to complex brain injury cases, and he is incredibly thorough and pragmatic.’ – Legal 500, 2023 Ranked: Tier 1
Pankaj Madan has a wealth of experience in subtle and catastrophic brain injury claims. – Legal 500, 2023
Pankaj Madan is regularly sought after by claimant and defendant firms for his expertise in catastrophic brain injuries, and has notable strength in cases involving subtle brain injuries. – Legal 500, 2022
Pankaj is a great strategist. He has an encyclopedic knowledge of subtle brain injuries, and is committed to securing the best outcomes. – Legal 500, 2022
Pankaj has a really good analytical mind. He has good insight into the way judges tend to view cases. He is always thorough in his preparation and is very careful in how he uses experts. A great junior. – Legal 500, 2022
Pankaj is a great strategist. He has an encyclopedic knowledge of subtle brain injuries, and is committed to securing the best outcomes. – Legal 500, 2022
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. – Legal 500, 2021
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. – Legal 500, 2021
Recommended for his superb strategic approach to brain injury cases. – Legal 500, 2018
He has a brilliant client manner. – Legal 500 2018
…has expertise in brain injury cases. – Legal 500, 2017
He has the ability to challenge the unusual in cases. – Legal 500 2017
Very experienced in high-value catastrophic injury claims. – Legal 500 2017
He specialises in brain injury, chronic pain and severe limb injury cases
Recognised for his expertise in brain injury cases
Experienced in fatal accident cases, and understands the medical issues in high-value catastrophic injury claims. – Legal 500 2015
His wide-ranging expertise includes brain injuries, chronic pain and psychiatric injuries – Legal 500 2015
Understands medical issues in catastrophic and fatal accident cases. -Legal 500, 2014.
Respected by leading firms, both claimant and defendant. – Legal 500, 2014.
Described as “extremely thorough” and providing “advocacy of the highest quality. – Legal 500 2011
Publications
A Practical Guide to Subtle Brain Injury Claims (2016)
A Practical Guide to Chronic Pain claims (2017)
A Practical Guide to Catastrophic Brain Injury Claims (2019 forthcoming)
Law Brief Publishing (and available on Amazon)
Cases
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.
JM v Horizon (2021)– Acted for the Defendant against Leading Counsel in a £2.5m claim for damages for traumatic brain injury. Settled at £550,000 on a provisional damages basis.
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.
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 limb 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 £1.9million.
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 £350,000.00
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.
