Brain Injury Claim in Dumfries and Galloway
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The brain is extremely susceptible to damage, and even minor brain injury can cause severe disruption and impairment. Most commonly caused by a blow to the head, especially during a road traffic accident, effects can range from mild concussion to complete physical and mental incapacity. Apart from immediate damage, brain injury can also lead to the development of other long-term conditions such as epilepsy. For these reasons, significant compensation may be awarded both for injury itself and also long-term care and treatment.
How much compensation can I get for brain injury?
It is not necessary to suffer permanent brain damage to win injury compensation. Even minor head injury can cause problems such as concussion, headaches and confusion lasting several days or weeks, preventing the victim from enjoying normal life. If a full recovery is made, compensation may range from £1,000 to £6.500.
Minor brain damage entails almost a full recovery, with some persistent problems such as lack of concentration or mood changes. Moderate brain damage would reduce ability to work, affect the senses and possibly lead to secondary conditions such as epilepsy. Compensation for minor to moderate brain damage can range between £8,000 and £115,000.
More severe brain damage will cause major disability and need for permanent care. There may be a combination of physical (e.g. paralysis or coma) and intellectual (e.g. loss of language function) damage. Brain damage to this extent can win compensation from £100,000 to over a million pounds.
Compensation Award for Injury in Dumfries and Galloway
How is a compensation award arrived at?
A compensation award for injury consists of two parts. The most immediately obvious effects of your injury are covered by an award for “General Damages”. This part of your compensation award covers “pain and suffering” and “loss of amenity”
Pain refers to the physical pain resulting from your injury.
Suffering concerns the mental and emotional aspects, so part of your compensation award will be based on whether you suffer anxiety, post traumatic stress disorder, embarrassment and so on.
Loss of amenity covers activities and abilities you will no longer be able to enjoy as much as before the injury. For example, a passionate hiker who can no longer walk, or an amateur musician who loses their hearing.
The “Special Damages” part of your award involves financial loss or additional costs. Under this heading will come an award for loss of earnings if you are unable to work, costs of nursing care and changes to accommodation or equipment (e.g. cars) to allow you to live as normal a life as possible.
What is the basis for a compensation award?
If you are to win a compensation award, you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this does not necessarily mean that you have to be entirely fault-free; you need only demonstrate that the other party is more than 50% responsible for your injury. If you can do this, you may then be awarded compensation.
Will a pre-existing condition reduce my compensation award?
On the contrary, compensation awarded for your claim can include an element for aggravating an existing condition. It is most important that you give a full medical history when discussing your claim for this reason.