Traumatic brain injuries are normally caused by a violent blow or jolt to the head and might occur in a road traffic accident, sporting accident, fall, assault, or accident at work.
Brain injuries can be life changing and lead to long-term disabilities. The potential effects are wide-ranging and are usually grouped into three categories:
Physical effects
Potential physical effects can include reduced mobility, fatigue, weakness, paralysis, sensory impairment and problems with speech.
Cognitive effects
Cognitive effects can include problems with memory, loss of concentration, impaired reasoning, reduced ability to process information and reduced problem-solving ability.
Emotional/behavioural effects
These can include personality changes, mood swings, depression, anxiety, frustration, obsessive behaviour, impulsiveness and loss of confidence.
Instructing a Solicitor
We have represented many clients over the years who have suffered life-changing brain injuries as a result of an accident. Our main priority is to make sure that our client is supported by medical therapists and receives appropriate treatment. We also seek compensation for the injuries they have suffered, which will assist their recovery now and into the future.
In serious brain injury cases, solicitors usually liaise closely with the injured person’s family. Usually, a person who has suffered a serious brain injury will need to be supported to make decisions in their best interests and a family member is often designated as their Litigation Friend who provides instructions to the solicitor.
Rehabilitation
Rehabilitation is essential to minimise the long-term impact of a brain injury and to ensure that our client makes the best possible recovery. Only when their best possible recovery is achieved can we accurately value a claim and look to negotiate a settlement with the opponents.
If liability for the injury is admitted by the opponent’s insurers, we will usually instruct an external case manager, who will assess our client’s rehabilitation needs. They will look at what treatment and therapy our client might need to make their best possible recovery, as well as any equipment or adaptations which might benefit them.
We will work with the case manager and the insurer of the person or organisation responsible for the accident to put together a rehabilitation package to help our client get their life back on track. This might include medical treatment, home adaptations, therapy and care paid for privately by the insurer. Examples include:
- Occupational therapy to help make changes in our client’s home or workplace if they are struggling with daily living activities
- Physiotherapy to help with physical effects such as weakness or lack of co-ordination
- Psychological therapy to help our client cope with the effects on their mental health
- Speech and language therapy to help with communication and swallowing difficulties
Compensation
The aim of personal injury damages is to put the injured person back, or as close as possible to, the position they would have been in but for the accident. It is divided into two categories: General Damages and Special Damages.
General Damages compensate the injured person for their pain and suffering as well as the effect on their quality of life (known as “loss of amenity”).
Special Damages compensate for financial losses, whether these have already been incurred or will be incurred in the future. Special Damages cover things such as: travel expenses, loss of earnings, the cost of private medical care, the cost of care and assistance (including by friends and family), the cost of aids and equipment and the cost of adaptations to a car or home.
If liability for the accident is admitted, we usually request one or more interim payments to help our client financially before their claim concludes. Interim payments are those made before the claim settles, to assist with purchasing things to meet the injured person’s immediate needs.
Recovering from a brain injury can be a difficult and uncertain process but we have been privileged to see clients make incredible improvements following life-changing accidents. If you or someone you know has suffered a traumatic brain injury and would like to discuss it with us, please don’t hesitate to get in contact by calling 0114 218 4000 or emailing info@tayloremmet.co.uk.
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