Personal Injury

Brain injuries, even those which at first appear to be minor, can have a very significant impact both on the injured person and on their family. The long term effects of a brain injury can take time to become apparent and it is therefore vital that any claim for compensation is not settled too early.

I recently acted for T who was at work in a retail store in 2008 when a colleague left a plank of wood on top of stock on a shelf in the stockroom. When T went to retrieve the stock, the wood fell and hit him on the head. At the time it was unclear whether he had lost consciousness but as he had suffered a head wound, he was taken to hospital by ambulance. On arrival at the hospital he was examined, his head was bandaged and he was then discharged with painkillers.

We were instructed soon after the accident and following a letter of claim, the store’s insurers admitted responsibility for the accident.

Meanwhile, T returned to work and tried to carry on as normal. However, after several months it became clear that T was having real problems managing. He found it difficult to remember what he was supposed to be doing and tasks which he found simple before the accident were now taking him much longer to complete. He was suffering with headaches and found it extremely difficult to concentrate. His friends and family also reported changes in his personality; he was less confident and outgoing and more prone to feeling down. Unfortunately, T was unable to carry on working and he left the company. His long term relationship also broke down, partially as a result of his depressive symptoms.

T had to take almost a year off work before he felt sufficiently recovered to find another job and begin working again.

In the meantime, I arranged for T to be seen by an expert neurologist and by a neuropsychiatrist. They concluded that T had suffered a mild traumatic brain injury with post concussional syndrome. At that stage, they were unable to give a final prognosis and asked to see T again once he had returned to work.

T returned to work in 2010 and fortunately was then able to carry out his job with minimal difficulties. I arranged for the medical experts to review T again and they concluded that he had now made a good recovery from his injury and that his depressive symptoms had largely resolved.

As the effects of T’s injury had now plateaued, I began what became protracted negotiations with the Defendant’s solicitors. The matter was listed for trial in June of this year but eventually I was able to agree a favourable settlement.

The effects of a mild brain injury can initially be subtle but have serious consequences as in T’s case. It is therefore important to ensure that a client’s symptoms have settled and that a proper prognosis can be given before contemplating settlement of their claim.