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If you, or a member of your family, have experienced an acquired head or brain injury, or if a brain injury is sustained following birth, medical or surgical procedures, you should consult one of our experienced brain injury claim Solicitors at the earliest possibility.
An acquired brain injury is sudden damage to the brain that occurs when an outside force is applied to the brain or body and affects the brain’s functioning. Common causes include assaults, falls, car crashes, birth injuries, and sports injuries. The injuries range from mild concussions to severe permanent brain damage. Traumatic brain injury can have wide-ranging physical and psychological effects. Consequently, each person is affected in different ways.
Symptoms may appear directly after the traumatic event or manifest in the following days and weeks. A GP and/or Consultant Neurologist will diagnose the existence and extent of the injury.
A brain injury that happens after birth and is not hereditary, congenital, or degenerative. Acquired brain injuries can be traumatic or non-traumatic.
The long-term effects of an acquired brain injury can be difficult to predict. The manner in which it is presented will be different for every person; symptoms can range from mild to profound. They will depend on factors such as the nature, severity, and location of the injury. They will also depend on the person’s abilities and personality prior to suffering the injury. It may take some time after an accident to recognise the presence of an acquired brain injury, particularly where there is no visible external injury.
Common changes: Often, people with an acquired brain injury will have increased mental and physical fatigue as well as some slowing down in the manner in which they process information. They may also experience behavioural and personality changes as well as physical and cognitive changes
A traumatic brain injury is a sudden damage to the brain which occurs when an outside force is applied to the brain or body, that affects the brain’s functioning. Common causes include assaults, falls, car crashes, and sports injuries. The injuries range from, mild concussions to severe permanent brain damage.
A non-traumatic injury is not a result of an external physical fore. Instead it can be caused by an illness or condition within the body, these include metabolic disorders, heart attack, tumours, aneurysms, hydrocephalus, hypoxia etc. A non-traumatic injury may also be caused by medical negligence.
When choosing a solicitor to deal with brain injury claims, it is very important to choose one who is a specialist in the area with extensive experience in these types of claims.
Brain injury claims are more complex than most other injury cases and require your solicitor to work with you and your family to establish the exact nature and extent of your injury and how it affects your life. The advice given to you will be tailored to your specific circumstances, and your solicitor will instruct the right experts to access and value your claim. Your solicitor will guide you through every step in the brain injury claim process.
There is generally a time limit of two years less one day from the date of the injury within which you must bring this type of claim, if you are over 18. If the injured party is under 18, their parent or guardian can bring a claim for them. So, it is important to contact a brain injury claim solicitor at the earliest opportunity once you are medically able to do so.
It is very important you make a comprehensive note of everything you can recall as to how the injury incurred. It may be hard to do this following an injury of this nature and therefore it might be necessary to have the assistance of a family member or friend. Having a detailed record will greatly assist your solicitors when dealing with your case.
Coleman Legal LLP will assist you in obtaining your medical records.
You will need to obtain all test results, radiology reports, doctors’ notes, nurses’ notes and all other reports from the hospital you attended at the time of the accident and any subsequent hospital or rehabilitation facility you have attended. You will also need to obtain all medical records maintained by your GP. Having access to these records will assist in progressing the preliminary stages of your case.
It is possible to recover compensation; however, it depends on how the injury was inflicted. For example, suppose the injury was a result of an assault. In that case, a victim can bring an action against the perpetrator and also seek compensation from the criminal justice compensation tribunal, or if the injury was a result of a road traffic accident, there may be an option to bring a claim for personal injuries against the driver (of the other car or the car the victim was a passenger in). A solicitor can advise you on the nature of the claim that can be brought.
How much compensation you receive for a brain injury claim is dictated by two legally binding documents known as:
The “Book of Quantum” and
The recently published Personal Injuries Guidelines by the Judicial Council of Ireland. The Book of Quantum dictates how much compensation you are owed if your Authorisation was received from PIAB prior to the 21st of April 2021. In all other cases, compensation in respect of general damages is assessed with the aid of the Judicial council’s Personal Injuries Guidelines.
The Book of Quantum sets out general guidelines as to the amounts that may be awarded or assessed in Personal Injury Claims. The guidelines are divided into sections depending on what category of injury was suffered, e.g., head injuries, neck injuries, back injuries and spinal fractures, upper limb injuries, lower limb injuries, and body and internal organs. The Book of Quantum sets out 4 steps to assess what compensation is appropriate for the suffered injury. These steps are as follows:
The Personal Injuries Guidelines were adopted by The Judicial Council on the 6th of March 2021. Similar to the Book of Quantum, this legal document sets out guidelines for assessing compensation in respect of general damages. The general principles for this assessment centre on three criteria:
One of the most substantial differences brought about by this update is that the average level of damages awarded has been reduced. The new guidelines have, however, provided more detail and more explanation for claimants, which is overall a welcomed change to the process of making a personal injury claim.
You have two years from the date of the accident within which to issue proceedings for a brain injury claim. If you are under 18, a separate set of rules apply, and we would recommend you contact our solicitors to discuss these. To learn more about the statute of limitation for a brain injury claim, click here.
Headway Ireland provides services and support for people affected by Acquired Brain Injury in Ireland. We aim to maximise potential and quality of life. Learn More
We help rebuild lives after brain injury through neuro-rehabilitation. Our mission is to enable people with an acquired brain injury to live independently with choice, respect, and the opportunity to contribute. Learn More
If you have been involved in an accident or suffered an injury at the hands of another person, we would advise all persons to contact our brain injury claim solicitors at the earliest available opportunity.
We represent clients in various brain injury claims, road traffic accidents, workplace injuries, serious injuries, medical negligence, and public liability claims. Please take some time to browse our website to learn more about the services we offer as a brain injury claim solicitors practice in Dublin. If you want to take legal action over a personal injury, you should consult our injury solicitors, who are members of the Law Society’s injury accreditation scheme and clinical negligence accreditation scheme. Contacted us at:
Solicitors
84 Talbot Street, Dublin 1
D01 YX60
Free Phone: 1800-844-104
Fax: (01) 5312727
Email: [email protected]
Web: www.colemanlegalpartners.ie
Online Enquiry Form: Apply
Head of Client Services
P: 1800-844-104
E: [email protected]
”At Coleman Legal, excellence in customer care is paramount. We aim to meet both prospective and existing client’s needs in a professional, engaging, and friendly manner with a clear objective to give quality legal advice and reach a positive outcome.”
