Brain injuries compensation are almost always very serious and life changing consequences. Rehabilitation may take some time. It follows that any claim for a brain injury is not likely to be resolved quickly. In fact, it is typical for such claims to take between 3 and 5 years. Each year in the United Kingdom, over one million people suffer a head injury requiring a visit to an emergency department and nearly 135,000 of them will be admitted to hospital with severe head trauma. Typically these injuries occur in road accidents, falls and accidents at home or at work.
Figures obtained by Headway, the Brain Injury Association, show that those most at risk are in the age group 15-29 and over 65 years. People between 15 and 29 are three times more likely to suffer a brain injury than any other group. Men are two to three times more likely to suffer a brain injury than women. This figure rises to five times more likely in the age range 15-29 years. Among those admitted, 85% have suffered a slight head injury, 10% a moderate head injury and 5% of severe head trauma.
There are two main types of brain damage acquired brain injury (ABI) and traumatic brain injury (TBI). ABI is a brain injury that occurs from birth. These can be caused by diseases such as strokes, bleeding, infection, hypoxia / anoxia injury or medical accidents. It can also be a traumatic brain injury (TBI) – Receiving a blow or shock to the head, perhaps in a car accident, fall or assault, can cause brain injury. The majority of TBI cases due to road accidents. A smaller percentage are due to domestic or industrial accidents, sports or other incidents.
Although initially caused by sudden force, a traumatic brain injury also includes further complications. There are three distinct phases that may occur.
* The first injury – initial traumatic event, caused by a sudden force or impact and only takes a few seconds. These can be crush injuries, open sores or wounds closed in which external forces can cause the brain to be twisted or torn apart, without any signs of injury.
* A second injury may occur during the minutes and hours after the first injury. Problems such as severe blood loss or a blocked airway can reduce the amount of oxygen to the brain and cause oxygen deprivation.
* A third injury can occur at any time thereafter, causing further complications. This could be the result of bleeding, bruising or swelling of the brain or because blood clots have developed.
More people are surviving serious injuries to the brain today because of advances in medical knowledge and surgical techniques. Those who have survived a brain injury generally have a normal life expectancy. A growing number of people living with long-term effects of brain damage. According to estimates, there are over 500,000 people living with a disability after head injury in the United Kingdom.
In a claim for brain injury compensation, you must be able to prove that you have suffered harm, and that another party has committed a foul. The medical reports are required as supporting evidence. In the case of brain damage, it can be difficult to assess the long-term implications of an injury, and the level of support that the victim will require in the future. It is possible, however, to obtain the provisional settlement pending a final settlement delayed.
There are several elements which enter into the compensation mix. There is a compensation for the injury itself. It is also an element that provides support for both you and your family. Rehabilitation and treatment should be part of that element and possibly counseling and cognitive behavioral therapy. It may be possible to get that under certain circumstances, even where liability is concerned. Much of the compensation will be for expenses, which includes loss of future earnings, care, medical expenses and equipment.
While the primary purpose of pursuing a claim is to receive financial compensation for your losses, it can also provide other benefits. For example, the Code of rehabilitation says that support should be provided for you and your family. This is usually in the form of rehabilitation and treatment, but may also include counseling or cognitive behavioral therapy or the appointment of a case manager, who can assess the support you need. In certain circumstances, insurance companies party will support and rehabilitation, even if liability is in dispute.
The Prosecutor is instructed to undergo medical examinations to determine the prognosis of your injuries. All needs treatment and care needs will be identified during the review. It will help your recovery if you are able to access the recommended treatment as soon as possible.