Information about Brain Injury Claims for Compensation

The brain is our most complex organ. It controls our breathing, our senses, our movements, our responses to stimuli and thought processes. It is so delicately balanced that any injury to it can affect our ability to communicate, process and even function. Yet injuries to the brain are easily sustained in incidents at work, vehicle collisions and other accidents that can occur every day.

Where accidents occur that result in brain injuries due to other people´s negligence, the consequences can be devastating to an individual and have major implications for the family. Unless those who assume responsibility for the care of the victim make brain injury claims for compensation, it is likely that they will experience financial hardship and find it difficult to cope.

Many injuries to the brain are not immediately apparent, with recent studies showing links between traumatic brain injury in early life and premature onset of multiple sclerosis, Alzheimer´s disease and Parkinson´s disease.

There are also many cases reporting the development of mental illnesses, including obsessive compulsive disorder, depression and hallucinations following a head injury. Depending on the location and severity of the brain damage, pre-existing mental illness and drug or alcohol addiction may be magnified by a brain injury.

Whereas most claims for personal injury compensation have to be made within two years of the actual date of the accident which caused the injury, brain injury claims for compensation can be made two years from the “date of knowledge” that an injury has been sustained.

We offer a free and confidential information service for people who wish to discuss their potential claim with an experienced solicitor. Our lines are open from 9am to 9pm, seven days a week, and we provide a call-back service if now is not a suitable time to speak with us. Simply complete the call-back box on the left.

Symptoms of Brain Injury

After an obvious serious head injury, an x-ray or MRI would be taken of the victim to determine if there has been any damage to the brain. In less serious scenarios, or where an injury to the brain is not abvious, the person who has been involved in the accident may seem fine superficially, yet internally is enduring chronic functional problems. These are referred to as mild traumatic brain injuries and are characterised by one of more of the following symptoms:-

  • A brief loss of consciousness
  • Loss of memory immediately before or after the injury
  • An alteration in mental state after the accident which causes the injury
  • The development of an involuntary twitch (focal neurological deficits)

If you notice any of these symptoms in yourself after you have been involved in an accident, or anybody else who has been involved in an accident, it is essential that you seek immediate medical attention so that any damage can be diagnosed and treatment begun as soon as possible.

If left to deteriorate, the condition could develop into serious brain injury as damaged brain cells die and new ones fail to regenerate. Not only would the facilities of the individual suffer as a result, but there would also be the issues of long term or permanent care, rehabilitation or home modification, wage loss, home care and transportation needs. With such potentially life-changing consequences, brain injury claims for compensation can be exceptionally difficult to compile and successfully present when trying to communicate the whole impact of a brain injury on a victim and their family.

Making Brain Injury Claims for Compensation

No two cases of brain injury claims for compensation are alike, and therefore similar outcomes to previous cases cannot be relied upon. However, a specialised personal injury claims solicitor who has experience in brain injury claims for compensation will greatly increase your chances of receiving a fair and adequate award of compensation.

Most instances of brain injury claims for compensation will be handled by the Injuries Board Ireland, unless the injury has been caused by medical negligence or the liable party denies his responsibility for causing the injury. The Injuries Board Ireland will also decline brain injury claims for compensation when the liable party claims that the victim contributed to their injuries by their own actions. In these cases, the Injuries Board Ireland will issue an authorisation for you to pursue your claim through the courts.

If applying to the Injuries Board Ireland, it is essential that the application form is completed as comprehensively as possible, paying particular attention to the “Special Damages” section which is what the assessment for future care needs will be based on. Your solicitor will be able to advise you on how to complete this section fully, or can take over responsibility for completing the application form and submitting it to the Injuries Board Ireland.

If the brain injury claim is to be processed through the court system, then because of the major debilitating consequences of such an injury, and the consequent level of awards,brain injury claims for compensation would usually be heard in the High Court. However, your solicitor would have prepared all of the details to have the maximum impact on those presiding over the case, and in many instances the insurance company representing the negligent party will make an offer of settlement before the case is presented in court.

Further Information about Brain Injury Claims for Compensation

If you or a loved one have been involved in an accident which was not entirely your fault, and have sustained a brain injury as a result, you can get more information about brain injury claims for compensation from our free advice telephone service.

An experienced solicitor is available to discuss your accident and injury, or that of a loved one, and how it has reduced the quality of your life. You will receive some helpful and practical advice about the options available to you and some accurate information about the procedures involved in successfully making a claim.

This free service is entirely confidential: call and you will be under no obligation to proceed with a brain injury claim for compensation after talking to us.

Our lines are open between 9am and 9pm, seven days a week, and we also operate a call-back service if now is not a suitable time to speak with us.

If you would like one of our team of experienced solicitors to give you a call, simply complete the call-back box on the left (above) – indicating when would be a convenient time to call – and one of our team will be in touch.