| Brain injuries are almost always very serious, and the consequences
life changing. Rehabilitation can take a long time. It follows that any
claim for compensation for a brain injury is not likely to be resolved
quickly. In fact it is typical for such claims to take between 3 and 5
years to complete.
Each year in the UK, over a million people suffer a head injury that
requires a visit to a casualty department and around 135,000 of these
will be admitted to hospital with a serious head injury. Mostly, these
injuries occur in road traffic accidents, falls and accidents at home
or at work.
Figures obtained by Headway,
the brain injury association, show that the people most at risk are in
the age-group 15-29 and over 65. Those aged between 15 and 29 are three
times more likely to sustain a brain injury than any other group. Men
are two to three times more likely to suffer a brain injury than women.
This rises to five times more likely in the 15-29 age range. Of those
that are admitted, 85% will have sustained a mild head injury, 10% a
moderate head injury and 5% a severe head injury.
There are two main categories of brain injury; Acquired Brain Injury
(ABI) and Traumatic Brain Injury (TBI). An ABI is any brain injury that
occurs since birth. These can be caused by illnesses such as strokes,
haemorrhage, infection, hypoxic/anoxic injury or medical accidents.
There can also be Traumatic Brain Injury (TBI) - Receiving a severe
blow or jolt to the head, possibly in a car accident, fall or assault,
can cause a brain injury. The majority of TBI cases result from road
traffic accidents. A smaller proportion are due to domestic or
industrial accidents, sporting or other incidents.
Although initially caused by a sudden force, a traumatic brain injury
also includes any subsequent complications. There are three distinct
phases that may occur.
* The first injury - the initial traumatic event, caused by a sudden
force or impact and lasting only a few seconds. These can be crush
injuries, open wounds or closed injuries in which external forces can
cause the brain to be twisted or torn without any outside sign of
injury.
* A second injury can happen during the minutes and hours following the
first injury. Problems such as serious blood loss or a blocked airway
can reduce the amount of oxygen reaching the brain, and result in
oxygen starvation.
* A third injury can happen at any subsequent time, causing further
complications. This could be as a result of bleeding, bruising or
swelling in the brain or because blood clots have developed.
More people survive severe brain injuries nowadays because of advances
in medical knowledge and surgical techniques. Those who have survived a
brain injury usually have a normal life expectancy. An ever-increasing
number of people are living with the long-term effects of brain injury.
Estimates suggest that there are over 500,000 people living with
disabilities as the result of head injury in the UK.
In any claim for compensation you must be able to prove that you have
suffered an injury, and that another party was at fault. Medical
reports will be required as supporting evidence. In brain injury cases,
it can be difficult to assess the long term implications of an injury,
and the level of support that the injured person will require in the
future. It is possible, however, to obtain in interim settlement
pending a delayed final settlement.
There are several elements that go to make up the compensation package.
There is compensation for the injury itself. There is also an element
that provides for support for both you and your family. Rehabilitation
and treatment would form part of this element as well as possibly
counselling and cognitive behavioural therapy. It may be possible to
obtain this in some circumstances, even when liability is in dispute. A
large part of the compensation will be for expenses, which includes
loss of future earnings, care, medical expenses and equipment.
Whilst the main purpose of pursuing a claim is to receive financial
compensation for your losses, it can also provide other positive
benefits. For example, the Rehabilitation Code says that support should
be provided to you and your family. This will usually be in the form of
rehabilitation and treatment but can also include counselling or
cognitive behavioural therapy or the appointment of a Case Manager, who
can assess what support you need. In some circumstances, third party
insurance companies will provide support and rehabilitation even when
liability is in dispute.
The Solicitor will arrange for you to undergo medical examinations to
determine the prognosis for your injuries. Any treatment needs and care
requirements will also be identified during the examination. It will
help your recovery if you are able to gain access to the recommended
treatment as soon as possible.
Personal Injury Claim | Accident Compensation
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