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Brain Injury Compensation Claims
If you or a member of your family is suffering from a brain injury caused by the negligence of someone else, our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for injury claim advice, or by completing a compensation claim enquiry form.
Effects of a Brain Injury
How to Claim Compensation for a Brain Injury
Serious Injury Compensation
Specialist Brain Injury Lawyers
Brain Injuries
Unfortunately there are a small number of accidents in which the victim suffers very serious head injuries, causing damage to the brain. In these cases, it is vital that the claimant and their family receive the optimum amount of compensation, to enable them to cope with the long term effects of such a traumatic injury.
Brain injuries can occur under a variety of circumstances, including in car accidents, motorcycle accidents, accidents at work, sports injuries, accidents at home and accidents in public places, amongst others.
There may be a requirement for ongoing medical care or rehabilitation, housing modifications or equipment, so it is essential that the case is thoroughly investigated by a specialist serious injury lawyer.
Types of Brain Injury
Acquired brain injury (ABI) is the term given to an injury to the brain which occurs after a person is born. A traumatic brain injury (TBI) is one which occurs as the result of trauma, for example a blow to the head in an accident.
There are other causes of ABI however, such as stroke, aneurism and lack of oxygen. Therefore in addition to brain injuries caused by accidents or medical conditions, a person could suffer an ABI caused by, for example, medical negligence or carbon monoxide poisoning.
There are two main types of head injury where a brain injury can occur, namely:
- Closed - Where the skin is not broken and there is no open wound or puncture. This type of injury would occur in an impact with a blunt object or as the result of the head being violently shaken, for example in a road accident. The brain can twist or impact with the inside of the skull, causing damage. Closed brain injuries often involve more generalised damage.
- Penetrating or Open - This refers to an injury where the skull is penetrated, say, by a sharp object. In penetrating head injuries it is more likely that the damage will be caused to a specific area of the brain.
More rarely, crush injuries to the head can occur, where the head becomes trapped or squeezed between two objects. As the base of the skull is vulnerable to this type of injury, a crush injury may cause damage to the brain stem.
Symptoms of Brain Injuries
It is always essential to seek prompt medical advice with any type of head injury, as there are often symptoms that do not appear immediately. Some of the signs that a person may have suffered a brain injury are:
- Loss of consciousness
- Confusion
- Vomiting or nausea
- Seizures
- Pupil dilation
- Slurred speech
- Mood changes/aggression
- Disturbed vision
- Weakness or loss of sensation in one or more limbs
- Heavy bleeding
- Tiredness or lethargy
- Pale fluid from the nose or mouth
Effects of a Brain Injury
The impact that a brain injury has on the victim can vary greatly, dependent upon the severity of the injury and the location of the damage. As the brain controls all of our functions, brain injuries can seriously affect a person's life. Some brain injury victims recover fully, whereas others can be permanently affected or may not even survive.
The effects of a brain injury can include:
- Impaired speech
- Impaired vision
- Balance problems
- Short or long term memory loss
- Mood changes
- Problems with co-ordination
- Slurred speech
- Paralysis, weakness or numbness in one or more areas of the body
- Personality changes
- Mobility problems
- Difficulty swallowing
- Impaired cognitive (thinking) functions
- Inability to smell
- Difficulty in communicating
- Epilepsy
Some of these symptoms may be temporary, for example whilst there is still swelling and bruising present, whereas others are lasting or permanent.
How to Claim Compensation for a Brain Injury
In every case, medical evidence will be required, and in any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.
It is therefore important to seek the advice and assistance of a specialist lawyer with extensive experience in recovering compensation for those suffering brain injuries. They can collate and prepare all of the necessary evidence to put forward the claim and deal with the matter on their client’s behalf to achieve the best possible outcome. The assembly of medical and other expert evidence to assess loss of earnings potential, pension loss and detriment, nursing care and domestic help costs, alteration and adaptation or indeed acquisition of suitable accommodation are all matters that would be taken into account.
Our lawyers have made successful compensation claims for many victims of brain injuries, and recovered on of the highest ever awards damages in a personal injury case (£3.4 million). For any case of this nature, a senior partner is appointed to take charge of the matter, with a team to assist them. Keeping in close contact with the claimant and their family, they can help to arrange interim damages to cover more immediate costs and pursue the case as efficiently as possible.
Serious Injury Compensation
There are two elements to a compensation award.
The first, called general damages, is for the pain and suffering you may have gone through and any loss of amenity (perhaps an inability to wash your car, look after your garden, walk the dog). The award for loss of amenity can be for a short period after an accident or for ever if that is what the medical evidence supports.
Whereas the first element of compensation cannot make you better and can only really apologise, the second element of a compensation award, for your losses and expenses,
is known as special damages and aims to put you back in a position financially as if the accident had never occurred. It is important to keep receipts for any expenditure you have related to the accident so that these can be reclaimed.
In serious cases, where a person may no longer be able to continue their employment, this can be taken into account. Costs for care, equipment, transport and housing modifications can also be factored into the calculations. If the person is still able to work but not in the same role as before, particularly if they held a public service role such as a doctor or police officer, an extra amount may be awarded for loss of ‘congenial employment’. A court can also make a financial award to recognise that an injured worker's prospects on the open labour market may be limited. There can be pension losses and insurance detriments that all need calculation.
As the process of making a claim can take time, it is sometimes necessary for the claimant to receive what is known as an ‘interim payment’ to tide them over financially until the case is fully settled and also to enable immediate payment for expensive healthcare or other personal help that may not be immediately available under the NHS or via Social Services
This could be to cover the short and long term costs of medical treatment or care, transport, or even equipment required to adapt a home in the case of very serious injuries.
Specialist Brain Injury Lawyers
The Legal Line lawyers are experts in all areas of personal injury, with extensive experience in recovering compensation for the victims of brain injuries and other catastrophic injuries.
They can provide specialist accident claim advice, assistance and guidance in helping you to pursue your claim to the best possible outcome.
The Legal Line, the brand, is part of Thompsons Solicitors, a firm regulated by the Solicitors Regulation Authority