Traumatic head and brain injury claims

Traumatic head and brain injury claims

KLG had helped many clients who have suffered traumatic head and brain injuries. These injuries have arisen in road traffic accidents, accidents at work, trips or falls or as a result of clinical negligence. Whatever the cause of your traumatic head and brain injury, we have a team of professionals to help you live with your injury and ensure that you get proper compensation for your loss.

Headway, the brain injury charity, estimate that there are between 10000 to 20000 severe traumatic head and brain injury cases every year. This does not include moderate or more minor brain injury cases.

Are there different types of traumatic head and brain injury?

Yes. The vast majority of such injuries do not lead to ongoing physical or mental problems. It is estimated that 95% of those attending hospitals with head injuries have only mild symptoms and uneventful recovery. The remaining 5% are left with moderate or severe brain injury.

Head and brain injuries are related to a patient’s level of consciousness following an injury. Doctors measure consciousness using the Glasgow Coma Scale (GSC). This is an objective method of assessing a patient’s neurological, motor and verbal responsiveness. The lower the patient is on the GSC, the greater the brain injury. Generally, brain injury is classified as:

  • Severe – GSC 8-1
  • Moderate – GSC 9-12
  • Mild – GSC 13-15

MRI and CT scans and other tests are also used by doctors in determining how severe the head and brain injury is.

Lawyers divide traumatic injuries of this nature into severe, moderate and mild – depending on the nature of the injury and its impact on the injured person.  

Children

The Glasgow Coma Scale is generally not used for children. The Pediatric GSC is used instead and relies on a child’s responsiveness to eye, motor and verbal stimuli.

What are the symptoms of traumatic head and brain injury?

  • Physical. Paralysis/weakness, motor difficulties, co-ordination, tiredness, balance problems, hearing, touch and sight difficulties, loss of smell, sleeping impairment.
  • Memory and concentration. Loss of memory, attention span problems, confusion, loss of train and speed of thought, changes in cognition.
  • Emotional and mood. Depression, anxiety, neurosis, irritability, anger management, relationship difficulties.

Symptoms and their impact vary depending on the severity of the injury and its impact on the injured person.

Is concussion a type of brain injury?

Concussion can be a mild form of brain injury. It usually arises following a traumatic incident, such as in a road traffic accident, if something falls on your head at work or if you bump your head. It is especially common in contact sports.

What are the symptoms of concussion?

These are very similar to the symptoms listed above – they tend to be milder and more transitory. If you suffer concussion, always seek medical help, especially if there is any loss of consciousness, no matter how short. The earlier the diagnosis, the sooner treatment can begin, and the better of the chances of recovery.

What is post-concussional syndrome?

Sometimes concussion symptoms do not clear up, and last longer than expected (more than three months). The symptoms include headaches, dizziness, memory and concentration problems and can last for months. Treatment is aimed at relieving symptoms, and most symptomology is resolved within a year. 

How can the Kearney Law Group help?

If your head or brain injury was due to someone else’s negligence, including clinical negligence, then you may be entitled to compensation for your loss. We appreciate that no amount of money can go anywhere near putting you or a member of your family back to the position they were in prior to the negligent accident or act. What we can do is provide as much financial and other assistance as is possible to alleviate the burden of your loss. We will do everything in our power to maximise your recovery (including the cost of rehabilitation) and ensure that you and your family are provided for now and into the future.

How is my compensation assessed?

We divide compensation into a number of headings:

  • Compensation for your physical and mental injuries to include your pain and suffering (what lawyers call “general damages”). The exact amount depends on the severity and extent of the injuries and their impact on the injured person
  • Loss of earnings, past and into the future, including all job related benefits and pension loss.
  • Cost of all medical expenses, past and future
  • Cost of all therapy and rehabilitative treatment, past and future
  • Cost of any nursing and domestic assistance, past and future
  • Cost of any adaptions to your property or the cost of new housing
  • Cost of any adaptions to your car or the cost of a new vehicle or travel or other costs if you can no longer drive
  • Value of a partner or family member who has to care for you (and their loss of earnings if they have given up or changed their working hours to care for you)

Can I get an interim payment of compensation before my case is settled?

Yes. Interim payments are made in personal injury cases where there is an immediate need for financial assistance. The value of any such payment is deducted from the final figure awarded in compensation. Such payments are used in cases that can take some years to settle – as in head and brain injury cases. They help the injured person and their families meet immediate financial demands and can pay for medical and other expert therapies as quickly as possible.

How long do I have to make a claim?

Normally you have three years from the date of your injury. However:

  • If your child sustains injury, a claim can be made any time before the child reaches the age of 18. Once your child reaches the age of 18, they have a further three years to make a claim themselves until they reach the age of 21.
  • If the person who sustains the injury does not have mental capacity then there are no time limits.
  • Subject to the above, in clinical negligence cases, the time limit of three years will normally either start from the date of the act of negligence or from the date of the patient’s knowledge that the injury or harm was due to an act of negligence. Time limits in clinical negligence matters can be complicated and you should seek legal advice immediately if you think you have a claim. Do not delay.

Why choose the Kearney Law Group?

We, at the Kearney Law Group, are ready to assist you and have the knowledge and expertise you need to make a successful claim for compensation for traumatic head and brain injury. We have an expert team ready to deal with your claim.  We will ensure you recover compensation for your injuries, swiftly and professionally.

We only do personal injury law and are experts at it.

For further assistance please ring us at 02890 912 938 or email us on [email protected] or fill in our contact form

The content of this blog is provided for information purposes only and does not constitute legal or other advice. No solicitor/client relationship or duty of care or liability of any nature shall exist or arise between the Kearney Law Group and you and we refer you to our disclaimer on our website.

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TEL: 02890 912 938

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Derry, BT48 6PR

TEL: 02871 362 299

Kearney Law Group specialises in legal services relating to Personal Injury, Clinical Negligence, Historical Institutional Abuse and Mother and Baby Homes cases. We are committed to achieving the best results for our clients.

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