Legal expert Catherine Harvey looks at why a traumatic head injury compensation claim needs a specialist brain injury lawyer who understands the medical system.
A traumatic head injury is one of the most complex physical problems a person can go through. This is because every aspect of our lives hinges on the functioning of the brain. If it was an arm or leg that was injured, the body would adapt and eventually become just as efficient as before. With the brain, it's more than a physical problem. A traumatic head injury will affect everything from intelligence to personality to mood swings, speech, body control, feelings and emotions through to basic bodily functions.
Any sudden jolt, blow or penetrating head trauma that causes the brain to move violently within the skull is classed as a traumatic head injury. Shaken baby syndrome is a typical example of the way the brain is susceptible to trauma by rapid moves of the head.
Unlike most other organs within the body, the brain has a degree of free movement within the skull. This is essential as there are times during illness when the brain is subject to swelling and without this freedom of movement, a brain would not survive any swelling.
Traumatic head injury is a common occurrence in soldiers when they are engaged in active warfare. When an explosion occurs nearby, the soldier may appear relatively unscathed but the impact on the brain can be anything from severe enough to end his life or unnoticeable until 'normal' life is resumed, when a character change emerges.
The complexities of traumatic head injuries are such that when an injured party or their family want to claim compensation for the resulting disability, a specialist brain injury lawyer is needed. No run of the mill lawyer could possibly understand all that is involved with a brain injury. It takes a great deal of acquired experience to have any sort of understanding as to what the long term effects on a head injury victim will be.
Often, the effects will be life-long and a brain injury lawyer will need to be adept at determining these possibilities by deciphering all the medical jargon and making this information simple to understand in a court of law. If a brain injury is due to clinical negligence, then the case becomes ever more complicated. It takes a good deal of medical understanding to get to the bottom of a doctor's report when he or she doesn't want to admit liability.
Fighting through the medical and legal jargon can take a long time. A specialist brain injury lawyer will often spend years on a case, determined to get to the bottom of it and secure financial compensation and future monetary support for the victim. A sufferer will frequently need assistance from carers and if the head injury was severe enough to limit physical movement, they will also need equipment to assist them through normal day to day activities.
To predict to what degree a person will recover from a head injury is virtually impossible. Some people are more resilient than others. Brain injuries are sometimes widespread, affecting various parts of the brains activity, physical functioning and character changes and others will be localised having a much more predictable effect. Even the years of knowledge and training that a brain injury lawyer builds up will not be able to foretell what the future holds for an individual any more so than a doctor.
However, they will make a much better case than an inexperienced lawyer and can build a case that leaves no stone unturned as to the possibilities of what lies ahead.
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