Brain Injury Compensation
Head injuries can give rise to a variety of symptoms and conditions depending on a number of factors including the severity and location of the trauma to the head.
The risk of brain injury is probably the greatest concern following a head injury. An acquired brain injury (ABI) can result from any event after birth, other than a genetic, developmental of degenerative condition, which causes injury to the brain. ABIs can result from a variety of causes include a traumatic brain injury (TBI), hypoxia (lack of oxygen) or poisoning. A TBI is usually caused initially by outside force which can be either a direct blow to the head or can be caused by the acceleration and deceleration effects of the head being jolted severely; for example in a fall or a road traffic accident. Following the initial trauma complications can also arise such as damage caused by infection, lack of oxygen or rising pressure and swelling in the brain.
The severity of effects of brain injury can vary considerably from person to person and usually depend upon the extent of damage to the nerve connections in the central brain; in severe cases this can lead to coma or damage to particular parts of the brain affecting the use of limbs. Brain injury may also lead to speech and language impairment as well as changes in personality, behavioural problems and cognitive functioning, such as memory difficulties, planning and organisation.
Identifying the nature of the brain injury in less severe cases is not always straight forward and the injury will not always be obvious upon scans or imaging. In cases of mild to moderate traumatic brain injury neuropsychological assessment are usually required to identify the exact nature of the injury and what treatment or rehabilitation may be appropriate.
Where the brain injury is more severe this may result in a loss of mental capacity so that the injured person loses the ability to manage their own affairs. In such circumstances any personal injury compensation obtained on their behalf would have to be approved by a Judge and managed by the Court of Protection. In addition a financial report may also be required in order to consider the type of award that is most appropriate, usually a combination of periodical payments and compensation paid in a single lump sum.
Our solicitors in our specialist Neurotrauma team have a wealth of experience in pursuing claims for compensation arising from head and brain injuries, especially serious life-changing injuries. We are committed to our clients’ best interests and we will always explore options for early treatment and rehabilitation, care, new accommodation, transport and a whole range of other input required after someone has sustained a serious brain injury. This can often be funded privately from interim payments that we obtain before the case is concluded.
Please contact us now if you would like to speak to a solicitor in confidence about making a claim for compensation.