The term “brain injury” has a very broad meaning and so the damages awarded in these types of cases vary significantly depending on whether the injury is minor or if it has a detrimental effect to the individuals health in the long run. On one end of the scale these injuries could involve a small concussion with a potential for small amounts of memory loss or dizziness. On the other end, these injuries can also involve severe damage to a person’s cognitive abilities and mean that they need 24/7 assistance. The more severe the injury is, the more a claim will be worth.
These types of claims can be brought after an incident involving a road traffic accident, injury sustained at work, medical negligence or an injury as a result of a violent criminal act. It is imperative to firstly identify the person or body that is responsible for the brain injury in order to bring a claim against them. We help to establish the clients rehabilitation needs which may be significant. It is crucial for rehabilitation to start as early as possible to help with the best recovery possible. We work to sensitively understand the family impact and needs too.
In all injury cases, claims are comprised of assessed general damages and special damages. General damages relate to the pain, suffering and loss of amenity of the injured, special damages are assessed on actual financial losses.
In relation to general damages, each case will need to be individually assessed and a solicitor will use the Judicial College Guidelines in order to quantify how much the injury is worth on face value. The least severe injuries such as a slight concussion with no long term disabilities £2,500 severe brain injury cases, in which the injured person will likely be displaying little if any evidence of meaningful response to environment, little to no language function and the need for full time nursing care will be worth anywhere between £282,010 to £403,990.
Special damages are calculated in relation to the financial loss that the brain injury has caused. A person who suffers a brain injury, especially a serious one, will typically require a significant amount of care, medical appointments and may need specialised equipment or adaptations to their home.
A Court will take into account the occupation of the claimant at the time of the injury, whether they had any children or partners that were dependent on their income and what type of lifestyle they enjoyed. Special damage awards seek to place the person back in the position they were in before the accident occurred.
We appreciate that in most cases involving brain injuries compensation cannot heal the trauma that the client or their family have been put through but it can help alleviate some of the pressures and help everyone move forward. At Ramsdens we have a specialist team of solicitors that can help you through this period and provide you with the best support and advice possible. If you or someone you know has been affected by a brain injury caused by the actions of someone else, please contact our Personal Injury and Abuse team by sending us an email on info@ramsdens.co.uk or calling us on 01484 821 500.