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