Valuing a brain injury claim is a complex process that involves careful assessment of the nature, extent and impact of the injury on the claimant's life.
It requires a detailed assessment of medical evidence, expert opinions and statements from family, friends, and other witnesses.
Each case is unique and the final valuation depends on the specific circumstances and the evidence presented.
When assessing a brain injury, a range of experts are typically involved to provide comprehensive evaluations and recommendations.
Medical and Other Expert Opinions
Medical evidence is vital in establishing the severity of the injury and its long-term effects such as cognitive, behavioural and physical impairments.
A wide range of medical experts are engaged to provide insights into the diagnosis, treatment and prognosis of the brain injury.
Medical Expert - Neurologists
Neurologists provide a foundational medical opinion on the severity of the injury and help to identify any current and future medical risks such as epilepsy or dementia.
Medical Experts - Neuropsychologists and Neuropsychiatrists
These experts assess the cognitive, emotional, and behavioural impacts of the injury. They include difficulties with memory, mood, concentration, decision-making and behaviour.
Medical Experts - Neuroradiologists
Neuroradiologists are specialist radiologists who can interpret imaging such as MRI and CT scans which help detect structural brain damage and assist in assessing the severity of the injury.
Rehabilitation and Care Experts
Specialists such as occupational therapists, physiotherapists, case management and care experts, are involved in assessing the claimant’s care and therapy needs. These experts ensure that the claimant’s rehabilitation and daily living requirements are met effectively.
Assistive Technology Experts
These experts may be engaged to recommend tools and devices to support the claimant’s recovery and daily functioning.
Accommodation and Employment Experts
In some cases, additional experts may be required to address specific needs such as where a claimant can live or their ability to work. They can recommend alternative housing or adaptations and assess any future earning capacity and career prospects.
The involvement of these experts depends on the individual circumstances of each claimant.
Evidence from family, friends, and other acquaintances
Witness statements play a crucial role in establishing the impact of the brain injury on the claimant’s life. Statements from family, friends, colleagues, and professionals can provide valuable insights into the claimant’s life pre and post injury. This can include changes in personality or behaviour, difficulties with memory and the ability to manage daily tasks.
For children, evidence from teachers can help demonstrate changes in academic and social performance.
Witness evidence is particularly important in cases of subtle brain injuries where the disability may not be immediately apparent.
Assessing the value of the claim
Judicial College Guidelines (JCG)
When assessing the value of any personal injury claim, a solicitor will usually start with a guide called the Judicial College Guidelines (JCG). These Guidelines are like a handbook for judges and lawyers to ensure consistency when awarding compensation for different types of injuries.
The Guidelines categorise injuries according to the part of the body affected and severity of the injury. For each category, they provide a range of potential compensation awards along with guidance on what circumstances might justify an award at the higher or lower end of that range.
A solicitor would need to carefully consider the severity and extent of the injury, any physical pain experienced, how long the symptoms are likely to last, and the degree to which the injury has affected daily life. They will also consider if there has been a loss in the ability to enjoy hobbies or activities that were previously enjoyed, and whether the claimant has any pre-existing conditions that may have been affected by the injury.
However, the Guidelines are just a starting point.
Brain Injury Claims - Case Law
When assessing the value of a claim, a solicitor will also look at previous court decisions, known as case law. This involves reviewing other cases where people have suffered similar injuries and considering the level of compensation awarded by the judge in those cases. This helps ensure that any valuation of the claim is fair and consistent.
While the Guidelines and case law provide a strong foundation for assessment of damages, each case is unique. If an injury has had a particularly severe impact on the claimant’s life, there may be grounds for seeking compensation above the standard ranges.
How Timms Can Help...
Traumatic brain injury is one of the most complex and life changing injuries a person can experience. It can affect every aspect of a person’s life, from memory and behaviour to mobility and independence. No two brain injuries are the same. It is, therefore, no surprise that valuing a traumatic brain injury is a complex process.
Valuing a traumatic brain injury requires detailed evidence and collaboration from medical professionals, rehabilitation specialists, legal experts and the claimant’s support network. The case must be thoroughly and carefully presented to ensure that the claimant receives fair compensation which reflects the full extent of the injury and its impact on the claimant’s life.
If you or a loved one has suffered a brain injury and you need clear, expert advice on making a claim, our team is here to help.
Our Personal Injury Team are members of the Association of Personal Injury Lawyers (APIL) and Natasha is an APIL accredited solicitor. Instructing an accredited solicitor ensures your case is handled by a verified specialist in personal injury law.
We provide specialist advice and representation for various types of personal injury claims including road traffic accident claims, accidents at work, fatal accident claims, and more.
We have a dedicated frequently asked questions page on our website, where you can also see what our clients say about us.
However, if you would like to contact us, please do so on 01332 364436 or at legal@timms-law.com.
