Compensation Claims Guidance

Symptoms include:

• Slowed mobility
• Balance problems
• Dizziness
• Stiff/weak limbs – spasticity
• Weakness – hemiparesis
• Paralysis – hemiplegia
• Irregular uncontrolled movement, shaking/clumsiness – ataxia
• Sensory impairment – loss or exaggeration of sensation, eyesight affected
• Fatigue – excessive tiredness with otherwise everyday tasks
• Difficulties with speech
• Epilepsy
• Hormonal imbalance – mood swings, muscle weakness, fluctuating body weight
• Sexual functioning and wellbeing

These symptoms may affect one side of the body more than the other depending on the side of the brain that is injured (each half of the brain controls the opposite side of the body).

Symptoms include:

• Problems with short-term memory/working memory
• Language loss – aphasia
• Impairment of visual-perceptual skills
• Reduced initiation and problems with motivation
• Reduced concentration span
• Reduced information processing ability
• Repetition
• Impaired reasoning – ability to think logically, understand rules, follow discussions
• Impaired insight and empathy
• Reduced problem-solving ability

These cognitive effects can collectively be referred to as ‘executive dysfunction’. These symptoms can make it difficult for a person with a brain injury to involve themselves in social interactions with their family, friends and co-workers. It can also affect their ability to undergo day-to-day tasks and their usual job role duties.

Symptoms include:

• Personality changes
• Mood swings
• Depression
• Sense of loss
• Anxiety
• Frustration and anger
• Disinhibition
• Abusive or obscene language
• Impulsiveness
• Obsessive behaviour
• Loss of confidence

Many of these effects may occur in any combination and there may be other less common effects that are experienced after brain injury. The effects are such that they affect individuals as well as their families after brain injury, with the severity of the symptoms depending on the severity of their injury and the area of the brain affected.

• Court proceedings must start within three years of the date of the incident
• The time limit does not apply if the injured person is under 18 years old at the time of injury (when the time limit is extended until that person’s 21st birthday)
• The time limit does not apply to someone unable to manage their own affairs under the Mental Capacity Act 2005 criteria
• A victim of criminal assault has the right to see compensation from the Criminal Injuries Compensation Authority (CICA) which imposes a two-year time limit to make an application (although the CICA can apply their discretion to permit cases outside this time period).

Rehabilitation is a process of assessment, treatment and management by which an individual, and their family and carers, are supported to achieve their maximum potential for physical, cognitive, social and psychological function in their participation in society and quality of living.

During recovery, other parts of the brain can take over activities of the damaged areas and new nerve pathways can be established. Through engaging in activity, alternative pathways can develop to allow the brain to reorganise itself to an extent, to regain lost function.

Insurance companies may provide financial help to assist with your rehabilitation in the form of interim payments before brain injury compensation is awarded.

It may not be possible to secure interim payments where it is difficult to establish liability. In such circumstances, your solicitor should seek to ensure that wherever possible you receive help from statutory bodies.

A case manager may be employed to organise the support and care you need.

Further support workers may visit you as often as necessary to provide essential support and assistance.

It may be preferable to have a staged discharge from hospital, which could involve returning home once or twice a week or an overnight stay to establish whether any adaptations will be needed for the home.

An occupational therapist from the hospital/rehabilitation team/social services should visit the home initially to assess your needs and any home adaptations (such as wheelchair ramps, handrails) that may be required.

A relative caring for you may be entitled to community care services such as:

• Help with bathing/washing
• Help with getting up/going to bed
• Help with shopping
• Help with cleaning, cooking, tidying
• Adaptations to the home
• Help with transport
• The local authority can charge for services if your assets exceed certain financial thresholds.

• Widening doors and installing ramps
• Providing or improving access to rooms and facilities (stairlift, downstairs bathroom)
• Adapting heating/lighting controls for easier use

Acquired brain injury can be very sudden. Families have to adjust to large changes in a short space of time.

Two qualities help all parties to cope with these changes and assist in the vital rehabilitation process:

• Ability to be flexible
• Ability to communicate openly and honestly, directly expressing emotions

The recovery process involves progression through several phases with the support of caregivers. Although it can be long and demanding for both the injured and the family, there can be positive changes and the strengthening of relationships. The support networks available to assist families can provide care in areas that you may not have considered.

Each person’s coping strategy is different and the following recommendations may apply to your situation:

• Establish and maintain a daily routine
• Allow the person to rest frequently
• Be natural with the person and help them maintain their former status in the family

• Try not to overwhelm them
• Point out every gain the person has made since the onset of the injury – try to keep a diary of progress
• Avoid making the person feel guilty for mistakes and accidents, such as spilling a drink.

• Restrict the number of visitors (one or two at a time)
• Take it in turns to speak and listen to each other
• Present only one thought or command at a time
• Use a calm, soft voice when speaking
• Avoid crowded places, such as shopping centres and stadiums.