Personal Injury

Legal Aspects of Brain Injury

Personal Injury

Legal Aspects of Brain Injury Road Traffic

Accident at Work

Public Liability e.g. Slipping and Tripping

Assaults – Criminal Injury Compensation

Medical Negligence

Judicial Review

Contributory Negligence? May still be a case

Personal Injury

Legal Aspects of Brain InjuryWHAT IS AN ACCIDENT?

When an incident occurs which no one could have reasonably foreseen and for which no one should be held responsible.

WHAT IS NEGLIGENCE?

“… you must take care to avoid acts or omissions which you can reasonably foresee would be likely to damage your neighbour.

Can you reasonably foresee that by doing or not doing something, someone else will be injured or affected by your action or inaction?

Personal Injury

Legal Aspects of Brain Injury

WHO IS YOUR NEIGHBOUR?

Other road users

Employees/visitors to a business

As an occupier of land/buildings – Any visitor

As a professional – your patient/client

Personal Injury

Legal Aspects of Brain Injury

WHAT HAS TO BE PROVED?

Existence of a duty

Breach of that duty

Causation - pre-injury issues; the art of crystal ball gazing/prediction

Loss

Personal Injury

Legal Aspects of Brain Injury

SOURCES OF EVIDENCE:

Witnesses Medical records Personnel records School records Family and friends Expert evidence: medical, rehab, occupational therapists, employment

consultants, pension experts

Personal Injury

Legal Aspects of Brain Injury

TYPES OF LOSS:

Pain and suffering (solatium) Loss of earnings (past and future) Pension loss Services (given and received) Care costs (past and future) Rehabilitation costs Expense of adaption; removal; associated expenses.

Personal Injury

Legal Aspects of Brain InjuryPURPOSE OF A CASE: DAMAGES: To put pursuer in the position he would have been in if he had not

sustained the wrong for which he is now getting compensation.

HOW DOES A CASE WORK: Preparation Intimation Negotiations Proceedings Interim payments Provisional damages

Personal Injury

Legal Aspects of Brain Injury

INVOLVMENT OF OTHER PROFESSIONALS

Case manager - Involve early

Financial advice

Local health authority

Social work department

Personal Injury

Legal Aspects of Brain Injury

GENERAL ISSUES

Possible brain injury often not recognised ‘Minor head injury’ – can be misleading

Suggests insignificant injury and symptoms Effects often not immediately apparent Differing symptoms/timing/impact

* IF IN DOUBT, SEEK ADVICE AS SOON AS POSSIBLE *