Acquired Brain Injury Claim Guide
A brain injury can evidently be a very serious injury and the following are some questions answered in this regard and about acquired brain injury claims.
A person who has sustained such an injury has many questions and concerns about their present day and future. There are practical considerations to deal with in addition the the medical issue at hand.
If a person has sustained an injury due to negligence and wishes to have a discussion about their legal options, we can be contacted at (052) 612 1999 or (01) 546 1121
What is considered an Acquired Brain Injury ?
This type of injury is caused by something such as an accident after birth and is not caused by something genetic or an inherent disease. Some traumatic incidence has occured to cause this injury type.
A brain injury results from back and forth jostling of the brain inside the skull with force, enough to cause tearing and shearing of nerves inside the brain.
A brain injury can result from a head injury, and it can occur even without damage to the skull.
In other terms, a brain injury is an injury to the brain that causes neurological dysregulation causing the brain not to function correctly.
On the other hand, a head injury is merely an injury to the skull. An injury to the skull does not necessarily mean damage to the brain.
There are many challenges for persons with such an injury and they can need a team in essence to assist with medical / rehabilitation needs.
Traumatic Brain Injury
This can be caused by an external mechanical force leading to temporary or permanent impairments in cognitive, physical, and psychosocial functions.
Brain Aneurysm
Also named a cerebral aneurysm can be discovered through imaging tests. It concerns a blood vessel bulge.
Brain Tumor
This occurs when cells grow abnormally on the brain to form an area or lump.
Acquired Hydrocephalus
This can be caused by disease or injury and involves abnormal cerebrospinal fluid (CSF) which has gathered within the ventricles, or cavities, of the brain. Hydro is the Greek word for water.
Brain injury causes in a medical care context have arisen due to surgical errors, birth related reasons, diagnostic errors or medication errors.
Personal Injuries Assessment Board
This board is tasked with dealing with personal injury claims in Ireland.
We have an information about the board which can be seen here.
The process regarding bringing a personal injury claim can be seen here.
Personal Injury Guidelines
The personal injury guidelines set the level of damages per injury.
The personal injury guidelines specify for the most severe brain damage up to €550,000.
For severe brain damage €300,000 – €400,000.
For moderate to severe brain damage €200,000-€350,000.
For modest to moderate brain damage €120,000-€220,000.
Where a good recovery has been made €60,000-€140,000.
Where a good record and a return to work €25,000-€60,000.
The following can be assessed when an award is considered.
(i) Age;
(ii) Extent and severity of initial injury;
(iii) Duration of symptoms;
(iv) Extent and nature of treatment and/or medication;
(v) Extent of any continuing and possibly permanent disability;
(vi) Extent of any personality change;
(vii) Impact upon education and/or work;
(viii) Interference with quality of life and leisure activities;
(ix) Impact on familial and other relationships.
In a brain injury claim the negligence and liability matter will need to be assessed and a full exploration of the medical needs, rehabilitation needs, earnings loss etc. will also need assessment.
Personal Injury Solicitors
Kieran Cleary and Roger Cleary, Personal Injury Solicitors can help with questions you may have regarding negligence, liability, case viability etc. and our numbers are (01) 546 1121 or (052) 612 1999 or our email address is info@clearysolicitors.com
Will my brain injury show up on an MRI?
Yes, in most cases.
An injury to the brain should show up on an MRI. The MRI usually can display very detailed pictures of this area.
How is an Acquired Brain Injury treated ?
Ireland has got various brain injury rehabilitation centres which provide a complete range of specialist offering rehabilitation services to affected people throughout Ireland.
Such a centre is The National Rehabilitation Hospital (NRH). Services offered may be because of accidents, illness or injuries that may require specialised rehabilitation.
Their accredited programmes include:
- Spinal Cord System of Care Programme;
- Paediatric Family-Centered Rehabilitation;
- Brain Injury Programme (including stroke);
- Prosthetic, Orthotic, and Limb Absence Rehabilitation(POLAR) Programme.
Diagnosis & Symptoms of an Acquired Brain Injury
With severe or moderate traumatic brain Injury, the diagnosis will be done by the appropriate doctor in the hospital. It is most likely a person will be referred to a neurologist for a diagnosis and care for this injury.
Injuries to specific parts of the brain will have specific symptoms and a neurologist will be in a position to identify and recommend the most appropriate medication to the patient.
For example, an injury to the frontal lobes can result in the loss of higher cognitive functions such as motor function, problem solving or memory. An injury to the cerebellum can result in loss of coordination and balance.
An injury to the brain can also affect a person’s speech. In cases where there is damage to parts of the nervous system involved in controlling speech muscles then there is a higher likelihood that the person’s speech will be affected.
An injury to the areas of the brain responsible for conscious movement will also result in difficulties in saying what one is consciously thinking about.
Brain injuries can affect sleeping patterns. One may find that extensive sleep is required as the after a brain injury.
Even in cases of mild brain injury, sleeping problems are also likely to occur as your brain may find it difficult to break down chemicals responsible for sleeping.
As you continue healing from a brain injury, then your sleeping pattern is more likely to return to normal function.
Headaches are one of the most common symptoms of traumatic brain injury. These headaches might even last long after the initial healing and might also hinder you from doing your daily routine activities. They might even cause difficulty in thinking and remembering things.
Fatigue is also one of the most common symptoms for people with traumatic brain injury. Due to the deviation in the functioning of the brain, the body is mainly affected.
If fatigue sets in the brain then the body is directly affected. More rest is recommended to ensure that the body does not suffer unnecessary strain.
Brain injury statistics Ireland
Although currently there are no official statistics in Ireland databases that relate to the number of people living with brain injury, studies from some other countries and basing the information on Irish population estimates that between 9,000 and 11,000 people sustain traumatic brain injuries in Ireland annually.
Further, the statistics show 8,000 people in the country get a stroke diagnoses annually.
What is negligence?
Negligence is a situation where a person fails to use reasonable care, which may result in injury or damage to another person. If you have been injured as a result of the actions of someone else, you will have suffered what is termed a Tort, which is a civil wrong, which basically means you will have a right to commence a legal action for this wrong. Tort law is there to protect people from harm and injury and attach legal responsibility to anyone who causes the harm.
Acquired Brain Injury Claims Time Limit
The time limit for making an acquired brain injury* claim is two years from the day of the accident.
Personal Injury Solicitors
If you have questions about medical negligence matters, you can speak with a personal injury solicitor on (01) 546 1121 or (052) 612 1999.
Disclaimer
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
