Understanding Brain Injuries and Your Compensation Rights

May 20, 2024 | Serious Injury

The Personal Injury People

Sustaining a brain injury can have a significant effect on a person’s life, as well as on the lives of their family and loved ones. If a brain injury was caused by someone else, such as in an accident at work, a road traffic accident (RTA), or due to medical negligence, it is essential to understand your rights regarding the process of claiming compensation. In this blog post, our personal injury team answers a few frequently asked questions and provides an overview of the various types of brain injuries and their causes. We will also differentiate between traumatic and non-traumatic cases and provide some insight on how you can pursue a compensation claim to receive the necessary support.

What is an Acquired Brain Injury (ABI)?

Any damage to the brain that happens after birth is referred to as an Acquired Brain Injury (ABI), and various causes, including accidents, strokes, infections, and tumours, can cause this damage. There are two main types of ABI, which include traumatic and non-traumatic brain injuries, and both of these can have profound and lasting effects on cognitive, physical, and emotional abilities. ABIs can also occur during pregnancy or childbirth due to birth injury medical negligence.

What is a Traumatic Brain Injury (TBI)?

An external force that causes damage to the head or brain is referred to as a Traumatic Brain Injury (TBI). There are several reasons why this trauma could be caused, including in accidents such as falls, in an accident at work, vehicle collisions in a road traffic accident, or assaults. TBIs can range in how serious they are, from mild concussions to severe injuries that lead to long-term medical complications, impairment, or disability. Symptoms from a TBI may include headaches, dizziness, memory loss, and changes in mood or behaviour. TBIs that are caused during pregnancy or childbirth may have been because of the use of forceps or vacuum extraction, a difficult delivery or trauma during a caesarean section.

What is a Non-Traumatic Brain Injury (NTBI)?

When internal factors cause damage to the head or brain, rather than external trauma, this is referred to as a Non-Traumatic Brain Injury (NTBI). There are a variety of factors that could cause an NTBI, including infections, strokes, oxygen deprivation (hypoxia or anoxia), and medical negligence during surgery or treatment. Since NTBIs have diverse underlying causes and potential complications, they require accurate diagnosis and careful management. For instance, during pregnancy or childbirth, NTBI can result from various events such as perinatal infections, placental abruption, conditions involving the umbilical cord, pre-eclampsia, and stroke.

How can I make a compensation claim for a brain injury?

If you or a loved one have suffered a traumatic brain injury (TBI) or a non-traumatic brain injury (NTBI) as a result of an accident at work, a road traffic accident, or medical negligence, you may be entitled to compensation for your injuries. A crucial first step in beginning the claims process is to gather evidence that documents the circumstances of the injury. The type of evidence you will need includes medical records, eyewitness accounts, and expert opinions. Seeking the advice and guidance of a specialised personal injury lawyer with experience in brain injury cases, such as our highly skilled team at The Personal Injury People, can be extremely valuable in helping you navigate the compensation claim process. Learn more about some of our recent cases.

What types of compensation can I claim for a brain injury?

Compensation for a brain injury claim typically covers various aspects, including medical expenses, rehabilitation costs, lost income or earning capacity, pain and suffering, and ongoing care and support needs. The amount of compensation awarded depends on factors like the gravity of the injury, how it has affected the person’s life, and any potential implications that it may have on their health and well-being in the future.

How long do I have to make a compensation claim for a brain injury?

In the UK, there is a time limit set by law, which is known as the limitation period, and you need to follow it if you want to make a compensation claim for a brain injury. Typically, this period is three years from the date of the injury or from when you realised that your injury was caused by negligence. However, there may be some exceptions, particularly in cases involving minors or people who lack mental capacity. Therefore, it is essential to seek legal advice as soon as possible.

Brain Injury Solicitors

Dealing with head and brain injury and compensation claims can be overwhelming, especially during the difficult recovery period. Understanding the different types of brain injuries, being aware of your rights, and seeking expert legal guidance is essential. Specialist legal support will give you the confidence to pursue a compensation claim, which will help you rebuild your life after a brain injury. 

Our team of serious injury solicitors have three main objectives:

  1. To present your case to the Defendant.
  2. To secure an early admission of liability where possible.
  3. To relieve the financial pressure on you and your family, allowing you to focus on your recovery.

Ultimately, our aim is to ensure you receive the maximum compensation possible. We will guide you through every stage of the claim process and work with you every step of the way.

Call our specialist personal injury team today on 0800 731 7555 or complete the enquiry form to get in touch.

This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of personal solicitors.