Head injuries can be caused by trauma or acquired in other ways.
Head Trauma - usually follows an accident.
Acquired Head Injury - often follows a cause which can be natural or can be caused by negligence such as medical negligence if there was a delay in diagnosing or treating the original condition. Acquired head injury covers the following sort of head injuries:
- stroke
- brain tumour
- brain haemorrhage
- aneurysm
- an injury caused by deprivation of oxygen to the brain (hypoxia)
Can I make a claim for financial compensation?
If your head trauma was caused by the actions of another person and this person’s actions caused your injury then you will be able to claim compensation.
The accident can be a road accident, an accident at work, a sporting accident etc.
Mr H’s Story
“Mr H was a lorry driver. He drove a large tipper truck which had to be sealed with a canvas sheet before he could drive on the road. Mr H was standing on the lorry pulling the canvas sheet across the load. The canvas sheet became stuck owing to a defect in the winding mechanism. He fell from the top of a lorry as a result, falling on his head and suffering a brain injury which caused him serious long-term cognitive impairment”.
A Court action was brought against his employers and the insurance company agreed that the system of work for sheeting lorries was not safe. The compensation claim was settled out of Court.
How do I prove that my injuries are related to my accident?
With head trauma this is often quite straightforward. There is often a direct link between the accident and the injury.
To prove that there is a link between the injury and the accident we instruct an independent neurosurgeon to examine you and prepare a medical report. We have a panel of Neurosurgeons and Neurologists who specialise in providing reports for people who have suffered brain injuries and who help our clients on a regular basis.
What sort of compensation can I expect?
Compensation is split into three categories:
- damages for pain suffering and loss of amenity (your physical injury)
- damages for out of pocket expenses
- damages for future expenses.
Damages for Pain, Suffering and Loss of Amenity
Head injuries can be extremely serious and can have life-long repercussions. You may find that you are not able to do tasks that you were able to do before. Some common after effects of head trauma are:
- physical symptoms such as poor motor control, poor bowel and bladder function, tiredness, lack of co-ordination and headaches
- emotional and behavioural problems such as anxiety, depression, problems controlling anger, impulsivity and lack of insight
- cognitive problems such as difficulty with memory, speech, personal organisation and problems processing information.
All of these symptoms are linked to brain injury and are symptoms for which you can receive compensation.
Our expert panel of doctors can help us put a picture together so that we are aware of the full extent of your injury.
Damages for our of pocket expenses
You can recover any expenses which you would not have had to incur but for the accident. You family and friends can recover some of their expenses too. Examples are:
- lost earnings for yourself
- lost earnings for your partner or other family members
- travel by your family to visit you in hospital
- cost of buying equipment e.g. a wheelchair or a special computer programme to help develop your memory skills
- cost of prescriptions and medication
- cost of any private medial treatment
- cost of your family having to buy food and drinks at hospital
- cost of childcare for your children
- cost of adapting your home so that you can return home, or the cost of you buying a differed home.
It is very important indeed that you keep any receipts or correspondence. It is helpful if your or a member of your family for a friend can keep a diary for you, listing appointments and expenses.
It is best to keep any paperwork you think may be relevant in the future.
Future Expenses
When you have had a severe head injury this is probably the most important are of your claim,. Your solicitor will need to be very careful to ensure that your compensation will meet all of your needs in the future.
Yours solicitor will obtain expert help from accommodation experts, nursing experts and rehabilitation experts to help assess your future needs.
The payment for future expenses will ensure that you receive all of the equipment you need in the future, for example, equipment in your home.
Your solicitor will not be able to value this part of your claim until the independent doctors can tell him what your likely prognosis is and when your condition will be stable. It may take a few years to reach this point but it is very important that the job is not rushed.
Interim payments
If the insurance company acting for the other party admits responsibility for your accident then an interim payment may be obtained for you. As a practice we try to obtain interim payments as soon as possible so that you can have financial recompense for your out of pocket expenses and so that equipment can be bought to make you as independent as possible when you leave hospital.
Provisional damages
With head injuries it is sometimes possible to claim provisional damages. If you have a medical condition which may get worse in the future an award of provisional damages will enable you to go back and get further damages in the future:
This is one of the cases we have handled in the past which involved provisional damages:
Master G’s Story
“Master G was on his way to school and was crossing the road on a zebra crossing. He was hit by a car which failed to stop at the crossing. He suffered severe head injuries. The majority of his early head injuries affected his cognitive function and he became very angry and aggressive.
His claim was settled and the settlement approved by the Court as he was under the age of 18. There was a risk in the future that he would develop epilepsy so the initial award of damages was a provisional award.
As a teenager he did develop epilepsy. Medical evidence linked this to the accident. His case was re-opened and he could claim further damages for his epilepsy”.
Is there a time limit for making a claim?
A claim must be made within 3 years of the date of the accident. If a person is incapable of managing their own affairs and is registered with the Court of Protection then the time is extended to 3 years from the date when they are capable of managing their own affairs.
If a child has had an injury then he/she will have until the age of 21 to make a claim for compensation
If the Claimant is a child or an adult whose affairs are registered with the Court of Protection then they will need an adult of full capacity, often a family member, to make a claim on their behalf. In these cases the Court will approve any final settlement and the money will be invested in the Court Funds Office until the child reaches 18 or the adult is capable of managing their own affairs.
I have been the victim of a criminal assault – can I claim compensation?
It is possible to make a claim to the Criminal Injuries Compensation Authority if you have received an injury as a result of a criminal act, usually an assault. The CICA is a Government run compensation Scheme. The time for making a claim is 2 years.
Making a claim for clinical negligence.
If your brain injury has been caused by the negligence of a medical practitioner who has been looking after you then you may have a claim for clinical negligence. Clinical negligence claims are harder to bring than a straight forward accident claim. The reason for this is that the head injury quite often starts off as one of the injuries in the “acquired head injury” list but is then made worse because of the clinical negligence.
The following case is an example of clinical negligence:
Mr W’s Story
“Mr W was a 20 year old man who presented to his GP with very severe headache, balance problems and confusion. His GP thought that he had been taking drugs or was drunk and sent him home with painkillers.
4 days later Mr W collapsed at home, an ambulance was called and he was taken to hospital. He was diagnosed with a brain aneurysm and underwent expensive surgery and was left with permanent brain damage”.
The doctors advising as part of the clinical negligence claim stated that at the time of the first visit to his GP Mr W had suffered a minor bleed from the aneurysm. He should have been referred to hospital for further investigation at that time. If he had attended hospital the aneurysm would have been diagnosed. He still would have required surgery but his long term outcome would have been much better.
Mr W claimed damages for the difference in how his health would have been if he had been referred to hospital after seeing his GP and how he was after he had collapsed and undergone very major surgery. The difference in the quality of his life was very marked.
How can I fund my compensation claim?
There are a number of ways that Bonallack and Bishop can help clients fund their compensation claim. These are:
1. Legal Expenses Insurance. Nowadays many people have legal expenses insurance attached to their buildings, contents or car insurance. As long as the insurance policy when in force when you had your accident and you submit a claim in time, the policy will often cover your legal fees.
2. “No win no fee agreements” Bonallack and Bishop offer “no win no fee” arrangements to brain injury clients and can also arrange insurance to cover costs if your case does not succeed.
3. Public Funding (previously legal aid). If you have a clinical negligence claim and are in receipt of benefits or have a low income then you may be able to claim Public Funding.
4. Private clients. Some clients like to pay as they go along. These clients pay an hourly rate for work done on their case and receive interim bills every 6 months.
I would like some advice about making a claim – what do I do next?
Please contact us and we will arrange a free initial interview. We visit clients at home and in hospital as well as in the office.
Telephone Denise Broomfield or Lin Revell on 01722 424426 or e-mail Denise on denise.broomfield@bishopslaw.com
Denise Broomfield is a solicitor and is a member of The Law Society’s Clinical Negligence Panel, the AvMA Referral Panel, a Senior Litigator with the Association of Personal Injury Lawyers and an Approved Solicitor with the Spinal Injuries Association.
