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Brain injury claims take into account the potentially life-long consequences that the injury which occurred can have on the quality of life of the victim. There is a precise time frame in which legal proceedings can take place after the personal injury.
Acquired brain injury (ABI) is an injury that occurs usually after birth – not as a result of birth-related trauma and important to note is that it is not hereditary or related to a disease. It occurs due to a traumatic event such as a blow to the head or body. Causes of such injuries would be events like car accidents, slip and falls, blunt force trauma to the head and in some cases from abuse.
A traumatic brain injury is caused due to external forces such as a physical assault, a traffic collision or aggressively banging one’s head after a fall. TBIs can be grouped into the following categories:
A concussion is a type of traumatic brain injury caused by a blow or a bump to the head. It can also be caused by a blow to the body that causes the brain to move rapidly back and forth in the head. In severe blows to the body or head, it can cause the brain to twist and move around in the head leading to chemical reactions in the brain and in some cases damage to brain cells. In some cases, the person can experience post-concussion syndrome which is a set of symptoms such as headaches, dizziness, nausea that can persist for days, months and in extreme cases over a year.
Severe brain injuries are caused generally by a blow to the head or body, causing the brain to move within the skull. This can lead to a multitude of side effects that can have a significant impact on a person’s life meaning and in some cases lead to death. Some of the most common are:
Like other forms of brain injury, moderate brain injury can be a direct result of a sudden blow to the head or body. The symptoms can sometimes be less noticeable when compared to those of a traumatic nature. For an injury to be considered moderate, the person would have had to have lost consciousness for a certain period of time. Some of the symptoms have been known to be:
Mild brain injury, although may seems less severe to the severe and moderate can be misleading as the outcomes can be just as severe over time if not properly managed. Generally, an injury to the brain is considered to be mild if the person did not suffer any loss of consciousness or post-traumatic amnesia following the accident. Symptoms are similar to moderate injury and include:
When a person suffers a concussion they experience a temporary loss of consciousness and cannot function mentally. A concussion is often considered as a mild traumatic brain injury and generally occurs after a head injury. It can also be caused by a hit to the body which causes the brain to quickly move back and forward in the head and in some serious cases, the brain can twist which leads to chemical reactions in the brain. In some extreme cases, post-concussion syndrome can occur. This is when symptoms persist over a longer period of time. A concussion can be very traumatic for the person injured and may leave them unable to carry out everyday tasks while recovering. Many of the symptoms of concussion are very similar to those of whiplash and often the two injuries can be followed by one another.
Concussion Injury Types
Injuries and the severity of concussion will vary for each person. This is as a result of the many different types of concussion. Each level depends on the impact that the concussion has had on the brain and head. Types of concussion include:
Symptoms of Concussion
Symptoms of concussion can include:
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Regardless of the type of injury at work*, it is important to maintain whether the work environment (system of work) was unfit or hazardous, even in the case of human error. Ascertaining the details of how the accident occurred is very important for an accident at work claim*. In a lot of cases, the employee who suffered the injury may be entitled to pursue legal action.
Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist workplace accident solicitor to help you with this.
When you decide you want to move forward with your workplace accident claim it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:
Solicitors are aware of the workplace accident claim process and can avoid any legal bumps in the road you might encounter if you did this process yourself. It is their job to be your trusted advisor on all legal matters throughout your case.
One of the most important documents in your case is a medical report. Your solicitor will ask for your doctor’s or hospital details so they can obtain a report on your injuries.
As soon as your solicitor has gathered all the information, your workplace accident claim will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. The Injuries Board will send you for an independent medical report and will assess what it believes to be the value of your loss. At this stage, with the advice, you have a choice to accept the Injuries Board assessment or reject it and move the next step.
At this point one of two scenarios will unfold:
a. If both you and your employer accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.
b. If either you or your employer reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.
Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus on your recovery, as they focus on settling your case.
Formally known as the Statute of Limitations, the legal time limit for a personal injury claim is usually two years less one day after the date of knowledge of the injury. In many cases, the date of knowledge will be the date the accident occurred. In some cases, a person may not realise their injury until some time after the accident and in such cases, the clock starts from that date. For children who have suffered an injury, the process works a little differently. A minor cannot bring a claim forward themselves. On their 18th birthday, the clock starts at their two year time limit to make their claim. Alternatively, a parent or legal guardian can bring the claim forward on behalf of the child immediately after the accident. This is generally a more favourable option. As making the claim sooner rather than later means that it is easier to source reliable evidence to strengthen the child’s case. Important to note is that once the application to the Injuries Board is submitted, the clock stops on the two year time limit while they assess the claim.
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