Brain Injury Solicitors - Accident Compensation Claim Lawyers

LAWYER HELPLINE: 1800 339 958

TBI occurs when a physical blow or a sudden jolt to the head causes damage to the brain. TBI may cause long-lasting physical, emotional, intellectual and social changes. Long-term effects place an enormous emotional and financial burden on the individual's family and strain medical and other service systems due to high costs and often life-long needs. Whilst money can never make up for the damage caused, a successful brain injury solicitor can ensure that the claimant's needs are fully met for the future.

A brain injury is also called a traumatic brain injury (TBI), head injury, head trauma or an acquired brain injury. Millions of people sustain a TBI from falls, motor vehicle accidents, motor cycle accidents, sports injuries, and other types of accidents or injuries. More than half of all traumatic brain injuries require hospitalization and very serious injuries may lead to death. Many TBI situations involve third party fault and if that is the case, it is always advisable to take advice from a brain injury solicitor.

Half of all traumatic brain injuries are sustained in motor vehicle accidents. TBI is also common in military personnel. While an individual can know they have had a head injury right away, some are not apparent until days or weeks after the injury. Most serious injuries need emergency treatment and some require surgery. Physical therapy and rehabilitation are required in some circumstances, especially if there has been a deficit in functioning following the injury.

There are several types of TBI. A concussion involves a jarring injury to the brain. The individual may or may not pass out for a short period of time and may lose balance or vision and will feel dazed after the injury. Most concussions are self limited and resolve on their own. A brain contusion is severe enough to cause bruising to the brain tissue. There is swelling and some degree of bleeding in the brain. A skull fracture occurs when there is a break in the skull itself. The edges of broken skull bones can cut into the brain and cause brain bleeding or other damage to the brain. A haematoma happens when there is bleeding around the brain or within the brain itself. It forms a blood clot that pushes pressure on the brain. It may take several days or weeks to identify a haematoma on the brain.

Primary injuries include:

  • focal injuries: (skull fractures, intracranial haematomas, lacerations, contusions, penetrating wounds).
  • auditory/vestibular function injuries: (hearing loss, vertigo).
  • intracranial haemorrhages: (epidural haematoma, subdural haematoma, intracerebral haemorrhage, intraventricular haemorrhage, subarachnoid haemorrhage).
  • cerebral contusions: (coup and contrecoup contusions).
  • concussion
  • diffuse axonal injury (damage to the white matter of the brain).
  • penetrating head injuries

Symptoms of TBI include:

  • headache
  • nausea
  • memory loss
  • mood swings
  • fatigue
  • cognitive difficulties
  • inability to concentrate
  • personality changes
  • emotional and behavioural problems
  • confusion
  • seizures
  • loss of sight, smell, taste, balance

After brain injury, things that once were easy and familiar become strange and difficult. Intensive mental effort is usually required to do things that once required little or no effort. Work and family life often suffer. The last thing that a victim needs is money troubles and we can help by running a traumatic brain injury claim for compensation to satisfy the victims financial needs.

    Mild TBI

      Concussion is bruising to part of the brain that can vary in severity from mere giddiness and a headache for a couple of hours, to a complete loss of consciousness lasting for weeks. Concussion most often occurs when there is a severe blow to the head.

    Moderate TBI

      Moderate head injuries are characterized by corresponding degrees of functional limitations mostly in the form of diminished mental skills.

    Severe TBI

      Severe head injuries usually result from crushing blows or penetrating wounds to the head. Such injuries crush, rip and shear delicate brain tissue. This is the most life threatening and the most intractable type of brain injury. Many individuals who suffer severe head injuries are in an unconscious state called a coma. A person in a coma may be completely unresponsive to any type of stimulation such as loud noises, pain or smells.

Brain Injury Solicitors

Suffering from TBI can change a person's life forever. Even with prompt treatment, a victim may be left with permanent physical and cognitive disabilities. If you have suffered from catastrophic personal injury within the last three years as a result of negligence by a third party then our traumatic brain injury solicitors can help you to assert your legal rights and get the compensation you deserve. We can advise you on the estimated value of your claim and answer any questions you may have. Speaking with one of our solicitors does not obligate you to take further action. There are no charges for your consultation, regardless of whether you go forward with your claim.

Our specialist solicitors deal with brain injury compensation claims and take cases on a no win no fee basis which means that they only get paid if you win your case. Our brain injury solicitors goal is to ensure that accident victims and their loved ones receive the financial compensation they deserve. If you would like to talk to a brain injury solicitor without any charge or further obligation about TBI compensation claims, simply submit the contact form or email our lawyers offices or use the solicitors helpline.

Our brain injury solicitors utilise the no win no fee scheme to represent clients and they don't get paid unless you do. Our brain injury solicitors are qualified to deal with compensation claims for catastrophic injuries and will fully explain the application of the no win no charge scheme both verbally and in writing to ensure that you are fully aware of the responsibilities of all parties involved in legal action.

You are entitled to personal injury compensation if your traumatic brain injury (TBI) was caused by the negligence of a third party. Due to the complexity of these cases and the potential for large awards it is important that you employ a specialist brain injury solicitor who fully understands TBI compensation claims. Whilst the usual reason for retaining a brain injury solicitor is because of a car accident many different types of incident can result in TBI including:-

  • motor vehicle collisions
  • slips, trips and falls
  • workplace accidents
  • defective product injuries
  • violent assault
  • gunshot wounds

Award of Damages

Damages that can be awarded in a brain damage compensation claim may include the following items :-

  • past loss of wages and income
  • future estimated loss of income
  • medical expenses for the past and for the future
  • assistance for the future
  • care expenses for the past and for the future
  • pain and suffering (including psychological damage)
  • loss of lifestyle and the amenities of life
  • cost of prescriptions and health aids
  • general expenses & financial losses
  • reduced employment prospects in the future
  • expenses in relation to the claim

Traumatic Brain Injury - TBI

Traumatic brain injury (TBI) may occur with no outward signs of damage or injury to head and the reverse is also true in that severe injury to the head including lacerations to the face, neck and scalp do nor necessarily involve TBI. Some of the most serious incidents of TBI occur where there has been no physical contact with the body such us shaken baby syndrome or severe acceleration/deceleration syndrome or whiplash injuries where the head is shaken and the brain is battered against the inside wall of the skull causing serious and often life threatening injury. Many TBI compensation claims initiated by our brain injury solicitors result in substantial payment for pain and suffering and the cost of after care.

A traumatic brain injury (TBI) is caused by severe trauma to the victim's head, typically incurred when an impact causes the brain to collide with the inner surface of the skull or directly causes damage to the brain by penetration or fracture. TBI is labeled an "open head injury" if the skull is fractured and a "closed head injury" if the skull remains intact. A closed head injury can be just as severe as an open head injury and the potential compensation award that can be claimed by a brain injury solicitor is not dependent on whether or not there was skull fracture or penetration. The main consideration in the assessment of a TBI damages award is the long term consequences of the injury.

    Open head injury occurs when a person's head is hit with enough force to fracture the skull. Bone fragments from the fractured skull can enter the brain and cause further damage. If a fracture is present the brain is effectively exposed and no longer fully protected with the result that it then becomes more vulnerable to infection and further injuries. The one potential benefit of a fracture is that it allows the brain room to expand if it swells due to the injury, preventing or reducing further injury caused by the compression of brain tissues.

    Closed head injury occurs when the impact does not fracture the skull. The damage or injury is caused as a result of the brain colliding with the inner surface of the skull. Because the skull is intact, there is no room for the injured brain to expand when it swells due to the injury and as a result, brain tissues are compressed and further injuries may be sustained.

TBI Symptoms

An experienced brain injury solicitor will not only obtain a compensatory award for the pain and suffering caused immediately after the accident but will also seek recompense for any long-term complications which can include cognitive disabilities that affect a person's memory, concentration, speech and thinking. TBI can also result in mood swings, personality changes and overall feelings of fatigue and lack of motivation. After suffering TBI, the victim will likely show signs of one or more of the following symptoms :-

  • nausea
  • headache
  • dizziness
  • blurred vision
  • neck pain
  • loss of balance
  • ringing in the ears

Brain injury solicitors deal with applications for awards of damages for personal injury on the basis of third party negligence including road traffic accidents, trips & slips and accidents at work particularly those involving falls from height and unguarded trap doors.

Symptoms of Brain Injuries

A TBI can have many symptoms. Headache is a common symptom as are dizziness, blurry vision and lethargy. There can be sudden or delayed loss of consciousness. Mild traumatic brain injuries can cause fatigue, headaches, memory loss, visual changes, limited concentration, sleep disturbances, loss of balance, irritability or emotional disturbances and feelings of depression.

A severe TBI is defined as a loss of consciousness of greater than six hours and a Glasgow Coma Scale of 3-8 (to be discussed below). Symptoms depend on the severity of the initial injury and the functions of the brain affected. There can be severe cognitive deficits, language and speech deficits, including reading deficits, sensory deficits, perceptual deficits, partial or total loss of vision or blurry vision, light intolerance, hearing deficits, smell deficits, taste deficits, seizures (extremely common), physical changes, including paralysis, spasticity, chronic pain, bladder and bowel problems or problems regulating the body temperature, and social or emotional changes.

Our brain injury solicitors also deal with applications for awards of damages for personal injury on the basis of miss-diagnosis by healthcare professionals which can cause a worsening of the initial problem.

Glasgow Coma Scale

The two main references used to establish the degree of injury and altered consciousness to the brain following an accident are known as the Glasgow Coma Scale and the Rancho Los Amigos Scale.

The Glasgow coma scale is a measurement used by emergency-trained personnel to relay the seriousness of a head or brain injury. The score is measured in the following ways:-

    Motor Response :-

    1. no response
    2. extensor response, i.e. decerebrate posturing
    3. abnormal flexion, i.e. decorticate posturing
    4. withdraws from noxious stimuli
    5. localizes to noxious stimuli
    6. obeys commands fully

    Verbal Response :-

    1. no sounds
    2. incomprehensible sounds
    3. inappropriate words and jumbled phrases
    4. confused, yet coherent, speech consisting of words
    5. alert and Oriented

    Eye Opening :-

    1. no eye opening
    2. eyes open to pain
    3. eyes open to speech
    4. eyes open to speech
    5. spontaneous eye opening

A mild head injury is defined as a score of 13-15. A moderate head injury is defined as a score of 9-12. A Severe head injury is defined as a score of 3-8 and a vegetative state is defined as a score of less than three. This Coma Score can be used in the acute phase of an illness or in the discussion of more chronic states of brain trauma.

Treatment of TBI

The treatment of brain trauma depends on how severe the problem is. For example, if a person is suffering from a minor concussion, medications to control headache and rest are all that is required. More severe brain injuries require hospitalization and significant treatment.

Surgery is required if there is brain swelling and a brain bleed that is not stopping on its own and is putting pressure on the brain. Sometimes a burr hole can be put into the skull, which is a hole drilled in the bone in order to release the pressure and allow the bleeding to come to the outside of the brain instead of the inside. In other situations, a craniotomy is needed. This is surgery where a larger section of skull is removed in order to get rid of any haematoma and control bleeding. Depending on the amount of swelling, the piece of skull removed may be replaced and sutured back into its regular position or can be just set in place, to be sutured or stapled in place at a later time. Subdural anathemas, epidural haematoma and subarachnoid haemorrhages are often treated with emergency surgery to reduce bleeding and evacuate the blood from the spaces in the brain.

Medical treatment of a TBI includes using pain medication to relieve headache. Seizure medications are used to prevent and control seizures. Mannitol is a medication used to reduce pressure in the brain, which can prevent a serious brain herniation. Steroids are used to reduce inflammation. If the blood pressure is too high in situations where there is bleeding on the brain, blood pressure medication is used to reduce the blood pressure. Nitroprusside is a common drug used for this purpose.

Once the head injury is stable, rehabilitation is put into place to improve the functionality of the person suffering from the head injury. This means hours of physical and occupational therapy to resume the skills the person once had before the injury took place.

Car Accident Victims

Most cases of brain trauma come from motor vehicle accidents or motorcycle accidents. They can also come from falls out of windows, sports injuries, other types of falls and blunt head trauma in a fight or altercation. People who bicycle or motorcycle without helmets and those who do not wear seat belts in cars are at the highest risk of brain trauma.

A car accident is a traumatic event and in addition to physical injuries, the incident can cause severe psychological distress. You may be able to instruct a brain injury solicitor to submit a legal claim for compensation as a driver, a passenger or as another road user including pedestrians and cyclists. As long as there is a negligent third party that is responsible for causing the accident, you are entitled to pursue a claim for compensation for your injuries. Most drivers are insured and if they are at fault, it is their insurance company that will settle a brain injury compensation claim and pay out the damages to which the victim is entitled. In cases where the driver at fault does not have insurance or cannot be traced it is still possible to make application for compensation. In some jurisdictions there is a non-fault compensation scheme in operation.

LAWYER HELPLINE: 1800 339 958