brain injury compensation claim

Brain injuries arise from three characteristics of this brain-skull anatomy: the rigidity and internal contours of the skull, the incompressibility of brain tissue and the susceptibility of the brain to shearing forces.

The first two characteristics give rise to contusions or hematomas (i.e. bleeding) on the surface of the brain, one of the most common injuries. There are usually two contusion sites in a brain injury. One occurs at the site of the blow to the brain and is called the coup injury.
The other arises where the brain bounces off the skull when it has been moved away from the site of the original blow. The contusion here is termed the contre coup injury.
The third characteristic, susceptibility to shearing forces, plays a role primarily in injuries which involve rapid and forceful movements of the head, such as in motor vehicle accidents. In these situations rotational forces such as might occur in whiplash injuries are particularly important. These forces, associated with the rapid acceleration and deceleration of the head, are smallest at the point of rotation of the brain near the lower end of the brain stem and successively increase at increasing distances from this point. The resulting shearing forces cause different levels in the brain to move relative to one another. This movement produces stretching and tearing of axons (diffuse axonal injury) and the insulating myelin sheath, injuries which are the major cause of loss of consciousness in a head trauma. Small blood vessels are also damages causing bleeding (petechial hemorrhages) deep within the brain.

Collectively these injuries can result in swelling of the brain. If the pressure within the skull is not relieved through surgery, cooling or medication, the brain will gradually be pushed down through the opening at the base of the skull, the foramen magnum. Nuclei in the brain stem controlling breathing and cardiac function will eventually be compressed resulting in death.

Very Severe Brain Damage
In the most severe cases the injured person will have a degree of insight. There may be some ability to follow basic commands, recovery of eye opening and return of sleep and waking patterns and postural reflex movement. There will be little, if any, evidence of meaningful response to environment, little or no language function, double incontinence and the need for full-time nursing care.
Moderately Severe Brain Injury
The injured person will be very seriously disabled. There will be substantial dependence on others and a need for constant professional and other care. Disabilities may be physical, for example limb paralysis, or cognitive, with marked impairment of intellect and personality.
Moderate Brain Damage
The injured person’s degree of independence is markedly lower. There may be a moderate to severe intellectual deficit, a personality change, an effect on sight, speech and senses with a small, moderate or severe risk of epilepsy and/or the ability to work is reduced or removed.
Minor Brain Damage
In these cases the injured person will have made a good recovery and will be able to take part in normal social life and to return to work. There may not have been a restoration of all normal functions so there may still be persisting problems such as poor concentration and memory or disinhibition of mood, which may interfere with lifestyle, leisure activities and future work prospects. There may be a small risk of epilepsy.

Each individual victim will differ and as such it is important that a full diagnosis is made and that compensation is awarded that is commensurate with the injuries sustained.

If you or somebody you know has suffered a brain injury that was caused by somebody else then please complete the Claim Assessment Form. Our claims solicitors will then contact you in order to confirm whether or not you have grounds for making an accident compensation claim.

Please note that all of our claims solicitors act on a strictly no win no fee basis and that you or the victim will receive 100% of any damages that are awarded.

Brain Injury Compensation Claims