Seeking Compensation for a Brain Injury

It is unlikely that you have ever considered the situations you might have to face if your child, brother, sister or a parent were to suffer a debilitating accident that left them with a severe brain injury, unless you presently find yourself in such an unfortunate and distressing situation.

When a brain injury occurs, any combination of effects is possible. Whilst medical understanding of brain function is rapidly increasing as a result of detailed research, at this time the brain is still the least understood of all human organs. As more victims of a cardiovascular stroke are surviving than ever before, great strides are being made in developing rehabilitation therapies to help new areas of the brain carry out new functions. In some cases, these new therapies can offer some hope for improvement of symptoms in victims of accidental brain injury, but where a trauma is severe this is not always the case. Therefore, should you find yourself in a position where one of your relatives or friends have suffered a serious brain injury, the hardest fact you will have to come to terms with is that the chances of a full recovery are slight. This means that in general terms, the effects of a brain injury must be considered to be permanent.

A very serious head trauma could mean that a loved one who has experienced a brain injury may be unable to carry out the most basic of human functions without assistance, and for the rest of their natural lives. In some milder cases, a loved one who has experienced a brain injury may lose the ability to remember what was said a few moments previously, but function quite normally in all other respects. Unfortunately, it is impossible to accurately predict the extent and consequences of a serious brain injury resulting from a head trauma in the early stages following an accident; in many cases, the full effects will only become apparent with time.

However severe a brain injury may be, the time will come when your family member can be brought home, and day-to-day responsibility for care will pass to the family and specialist nursing staff. This means that practical plans must be made to address the realities that face a loved one who has experienced a brain injury and their family in the months and years ahead.

After diagnosis of a brain injury, the most important step a family can take is to ensure adequate compensation awards are sought from the relevant insurers. It is important to select a legal firm that has considerable experience in pursuing serious injury cases. Contrary to widely held beliefs, a legal practice that specialises in brain injury compensation cases will do far more than merely fight your case for you in the courts. A good firm will be able to assist you in finding expert staff as well as helping you to manage the day to day living requirements of a patient with a brain injury.

Firms that focus on minor accidental injury claims may try to take on a severe brain injury case, and whilst these firms may achieve good results for their minor injury clients, they are unlikely to have adequate practical experience of a brain injury compensation case. The issues are twofold: firstly, legal firms that are inexperienced in conducting serious injury compensation cases may not have an adequate understanding of the costs of the ongoing care, equipment and facilities that will be needed by the victim of a brain injury, and on an indefinite basis. This is not a statement that should be considered to be unduly detrimental about such firms; it is simply that without practical experience, the projected costs of necessary medical treatments, care and physical resources may be underestimated. Secondly, non specialist law firms are unlikely to possess care management support teams for the ongoing care of their brain injury clients, to help you provide care for a loved one at home.

Settlements may take between three and five years to achieve, and in the interim, the brain injured patient will still need specialist equipment, adaptations to homes, therapy and specialist nursing care, and your legal firm should also be able to assist you in making interim financial arrangements.

If you are reading this article because you are experiencing the trauma of one of your relatives or friends having suffered a brain injury and are seeking further information, visit the website of any prospective legal firm to check that they specialise in serious injury compensation cases and that they have a successful track record in dealing with brain injury compensation cases. Brain injury does not have to be a life sentence for the whole family.

Neil Glover
Personal injury lawyers with unrivalled expertise. Specialist services for spine, brain, head and amputation clients from the UK's leading specialised brain injury law practice.
ng@seriouslaw.co.uk
http://www.seriousinjurylaw.co.uk/
0800 61 66 81