Brain Injury Compensation: How to Make a Claim in the UK

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.

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