A traumatic brain injury (TBI) can be sustained in a number of different ways however road traffic accidents account for the vast majority of cases. A minor head injury may lead to some memory loss and/or lack of concentration and still leave the Claimant in a position to work and conduct a relatively normal life. At the other end of the scale a catastrophic head injury may lead to a Claimant requiring twenty-four hour care and in this situation a Case Manager would normally be appointed to work with the carers and support workers, and to liaise with family members. A specialist brain injury solicitor who is recognised by ‘Headway’ the National TBI Charity will be able to help guide victims through this difficult period in their lives.
In the immediate aftermath of such an injury those treating carry out an assessment of the Claimant on the basis of the Glasgow Coma Scale. This scale runs from one to fifteen. In normal consciousness a person would score fifteen on this scale. The scale relates to three different types of reaction. It measures a patient’s ability to open his/her eyes, it measures motor response, and it measures verbal response. Where a patient has suffered a serious head injury the risk of the development of epilepsy is likely to be significantly increased, particularly in the early years following the accident.
On occasions where the TBI is so severe that the patient is no longer capable of managing his own affairs, and this is certified by a Doctor registered under the Mental Health Act 1983, a patient will need to be registered at the Court of Protection. A Receiver will need to be appointed to take care of the Claimant’s day to day financial arrangements. The Court of Protection would need to approve any final settlement figure or any substantial financial transactions, such as the purchase of a house.
In terms of a brain injury solicitor putting together a claim for compensation it will be essential that a report be obtained from a Consultant Neurologist. It is also likely that reports will be obtained from Neuropsychologist and a Psychiatrist. Rehabilitation is likely to be recommended. This may be aimed at improving memory, speech and language. Physiotherapy may be required to improve balance.
In April 2005 legislation gave the court the power to order that final compensation be paid by Periodical Payments rather than a lump sum being paid. Periodical Payments run from the date of settlement until the Claimant’s death. Where elements on the claim include items such as care and the need for support workers it is likely to be beneficial for these heads to be paid out Periodical Payments as this will give security to the Claimant.
