Brain Injury Claims* Compensation

Brain injuries can have devastating and life-altering consequences, impacting not only the injured individual but also their families.  Sherwin O’Riordan Solicitors understand the complexities involved in pursuing a brain injury claim and are dedicated to providing compassionate and expert legal representation to help you secure the compensation you deserve.

Types of Brain Injuries

Brain injuries are broadly categorized based on their cause and nature. Understanding these distinctions is crucial for accurate diagnosis and effective legal strategy.

What is an Acquired Brain Injury (ABI)?

An acquired brain injury (ABI) is any brain damage that occurs after birth and is not hereditary, congenital, degenerative, or induced by birth trauma. ABIs can result from a variety of incidents and often lead to significant physical, cognitive, emotional, and behavioural changes.

Types of Acquired Brain Injury

Acquired brain injuries encompass a wide range of conditions, including:

• Traumatic Brain Injury (TBI): Caused by an external physical force.
• Stroke: Occurs when blood flow to a part of the brain is interrupted or reduced, depriving brain tissue of oxygen and nutrients.
• Brain Tumours: Abnormal growths of cells in the brain that can damage surrounding tissue.
• Infections: Such as meningitis or encephalitis, which can cause inflammation and damage to brain tissue.
• Hypoxia/Anoxia: Brain damage due to a lack of oxygen, often resulting from drowning, choking, or cardiac arrest.
• Toxic Exposure: Damage caused by exposure to certain chemicals or substances.

What is Traumatic Brain Injury (TBI)?

A Traumatic Brain Injury (TBI) is a type of acquired brain injury caused by a sudden external physical force that impacts the brain. This force can be a direct blow to the head, a penetrating injury, or a rapid acceleration/deceleration of the head, causing the brain to move within the skull.

Types of Traumatic Brain Injury

TBIs are classified by their severity and the nature of the injury:

• Concussion (Mild TBI): A brief change in mental status or consciousness caused by a bump, blow, or jolt to the head or body.
• Moderate TBI: Involves a loss of consciousness lasting from 30 minutes to 24 hours, or a Glasgow Coma Scale (GCS) score between 9 and 12.
• Severe TBI: Characterized by a loss of consciousness for more than 24 hours or a GCS score of 3 to 8.
• Open (Penetrating) TBI: Occurs when an object penetrates the skull and enters the brain tissue.
• Closed TBI: Occurs when the head suddenly and violently hits an object but the object does not break the skull and enter the brain.

What is a Severe Brain Injury?

A severe brain injury is a TBI that results in a prolonged period of unconsciousness (coma) or amnesia after the injury, typically indicated by a Glasgow Coma Scale (GCS) score of 3 to 8. These injuries often lead to significant and permanent neurological deficits, requiring extensive rehabilitation and long-term care.

Types of Severe Brain Injury

While “severe brain injury” is a classification of TBI, the specific types of damage that can constitute a severe injury include:

• Diffuse Axonal Injury (DAI): Widespread shearing and tearing of nerve fibres (axons) throughout the brain, often caused by rotational forces.
• Intracranial Hemorrhage: Bleeding within the skull, which can include epidural hematoma, subdural hematoma, subarachnoid hemorrhage, or intracerebral hemorrhage.
• Contusions: Bruising of the brain tissue, often occurring at the site of impact or on the opposite side (contrecoup injury).
• Edema: Swelling of the brain, which can increase intracranial pressure and cause further damage.

Common Causes of Brain Injuries

Brain injuries can arise from a multitude of incidents. Some of the most common causes include:

• Road Traffic Accidents: Collisions involving cars, motorcycles, bicycles, or pedestrians are a leading cause of brain injuries. The sudden impact and rapid deceleration can cause the brain to strike the inside of the skull, leading to damage. Whiplash, a common injury in car accidents, can also have serious and long-lasting effects, though it primarily affects the neck, it can contribute to or be accompanied by brain injury symptoms.
• Falls: Falls are a significant cause of brain injuries, particularly among the elderly and young children. An example of this is a financial consultant who suffered a severe brain injury and skull fracture after allegedly falling on a sloped driveway.
• Assaults and Violence: Direct blows to the head during physical altercations can result in severe brain trauma.
• Sports Injuries: High-impact sports carry a risk of concussions and other brain injuries due to repeated blows to the head or sudden impacts.
• Workplace Accidents: Falls from heights, impacts from falling objects, or machinery accidents can lead to brain injuries in occupational settings.

Signs and Symptoms of Brain Injuries

The signs and symptoms of a brain injury can vary widely depending on the severity of the injury, the area of the brain affected, and the individual’s overall health. They can manifest immediately after the injury or develop hours, days, or even weeks later.

Physical Symptoms

• Headaches: Persistent or worsening headaches are a very common symptom.
• Dizziness and Loss of Balance: Individuals may experience lightheadedness, vertigo, or difficulty maintaining balance.
• Nausea and Vomiting: These symptoms can occur shortly after the injury.
• Fatigue: Unusual tiredness or lethargy is frequently reported.
• Vision Problems: Blurred vision, double vision, or sensitivity to light can indicate a brain injury.
• Speech Difficulties: Slurred speech or trouble finding words may be present.
• Seizures: In more severe cases, seizures can occur.
• Loss of Consciousness: Even a brief period of unconsciousness can be a sign of a significant brain injury.

Cognitive Symptoms

• Memory Problems: Difficulty remembering new information or events, or recalling past events.
• Concentration Issues: Trouble focusing, paying attention, or easily getting distracted.
• Slowed Thinking: Processing information more slowly than usual.
• Confusion and Disorientation: Feeling confused about time, place, or personal identity.
• Cognitive Deficits: Long-term brain injuries can lead to persistent cognitive deficits, as seen in the case of Mr. O’Riordan, who suffered such deficits 12 years after his accident.
• Impaired Vision: This can be a physical symptom but also impacts cognitive processing.

Emotional and Behavioural Symptoms

• Irritability and Mood Swings: Unexplained changes in mood, increased irritability, or sudden emotional outbursts.
• Anxiety and Depression: Feelings of anxiety, sadness, or hopelessness are common after a brain injury.
• Sleep Disturbances: Difficulty falling asleep, staying asleep, or sleeping more than usual.
• Personality Changes: Noticeable shifts in personality or behaviour.
• Physiological Issues: Whiplash injuries, for example, can lead to some physiological issues that impact emotional well-being.

The Importance of Prompt Medical Attention

If you or someone you know experiences any of these signs or symptoms after a head injury, it is crucial to seek immediate medical attention. A medical professional can accurately diagnose the injury and recommend the appropriate course of treatment. Early diagnosis and intervention can significantly improve recovery outcomes and help manage long-term effects.

Brain Injury Claims* Process

Navigating a brain injury claim requires expert legal guidance. Our team at Sherwin O’Riordan Solicitors will guide you through each step of the process:

• Seek Legal Advice:
  • Consult a personal injury solicitor at Sherwin O’ Riordan promptly after an accident.
  • Be aware of the two-year Statute of Limitations from the date of knowledge of the injury.
  • Our solicitors help gather evidence and prove negligence.
• Notify Respondent & Apply to Injuries Resolution Board (IRB):
  • We will formally notify the responsible party and their insurers of your intention to claim.
  • Most claims (excluding medical negligence) must first go to the Injuries Resolution Board.
  • Your solicitor will submit an application with details, medical reports, and respondent information.
• Assessment of Damages: We will work with medical and financial experts to quantify the full extent of your losses, including past and future medical expenses, loss of earnings, care costs, pain and suffering, and impact on quality of life.
• IRB Assessment:
  • The respondent has 90 days to agree to the IRB assessing the claim.
  • If the respondent agrees, the IRB assesses the claim, typically within nine months, using the Judicial Council’s Personal Injury Guidelines.

• Compensation Award or Rejection:
  • Both parties receive a Notice of Assessment.
  • The claimant has 28 days, and the respondent 21 days, to accept or reject the award.
  • If both accept, an Order to Pay is issued.

• Proceeding to Court:
  • If either party rejects the assessment, or if the respondent initially refused IRB assessment, the IRB issues an Authorisation.
  • This Authorisation allows the claimant to pursue legal proceedings in court.
  • Most cases settle before trial, but if not, a judge makes the final decision.

Statutes of Limitation

In Ireland, strict time limits govern personal injury claims, including those for brain injuries. Specifically, you must initiate a personal injury claim within two years from either the date of the accident or the date you became aware of the injury. For minors, who are individuals under 18, the two-year period typically begins when they turn 18. Moreover, if individuals lack mental capacity, the limitation period may be suspended until they regain that capacity or a litigation friend is appointed. Therefore, it is crucial to seek legal advice as soon as possible to ensure your claim does not become time-barred.

Compensation Payouts

The amount of compensation awarded in a brain injury claim varies significantly based on several factors, including the severity of the injury, its long-term impact, and the individual circumstances of the claimant. Typically, compensation payouts cover the following:

• General Damages: These compensate you for pain, suffering, and loss of amenity. The Judicial Council Personal Injuries Guidelines provide a framework for assessing these damages.
• Special Damages: These cover quantifiable financial losses, which include:
  • Medical Expenses: Past and future costs of treatment, rehabilitation, medication, and therapies.
  • Loss of Earnings: Past and future loss of income, including loss of earning capacity.
  • Care Costs: Costs associated with professional care, home modifications, and assistive devices.
  • Travel Expenses: Costs incurred for medical appointments and rehabilitation.
  • Other Out-of-Pocket Expenses: Any other reasonable expenses directly attributable to the injury.

Our solicitors will meticulously calculate all your losses, ensuring you receive comprehensive compensation that addresses both your current and future needs.

How Sherwin O’Riordan LLP Can Help

If you or a loved one has suffered a brain injury due to someone else’s negligence, contacting Sherwin O’Riordan Solicitors is a crucial first step. Our expert team specializes in brain injury claims, including traumatic brain injury (TBI), head injury compensation, and cases involving neurological damage. We understand the profound impact a severe head injury can have on an individual’s life, leading to long-term challenges such as cognitive impairment, memory loss, and the need for lifelong care. Our dedicated personal injury solicitors are experienced in navigating the complexities of brain injury litigation, ensuring you receive the maximum compensation for brain injury to cover medical expenses, rehabilitation costs, lost earnings, and pain and suffering. We offer compassionate and comprehensive legal support for victims of acquired brain injury (ABI), working tirelessly to secure your future.

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Our personal injury solicitors specialize in cases involving brain injuries. We understand the profound impact these injuries can have on individuals and their families. We can assist you by:

• Guiding you through the legal process: From gathering evidence to filing your claim, we will be with you every step of the way.
• Ensuring proper documentation: We emphasize the importance of medical assessments to document your injuries thoroughly.
• Negotiating for fair compensation: Our goal is to secure the best possible outcome for you, allowing you to focus on your recovery.

If you have suffered a brain injury due to someone else’s negligence, contact us today for a confidential consultation. We are here to help you navigate the legal complexities and ensure your story is heard

Sherwin O’ Riordan Solicitors, with their expertise in personal injury and medical negligence law, have experienced Solicitors to handle brain injury accident claims, providing essential support and legal representation to those affected by negligence.

With Sherwin O’ Riordan, you’re never just a case number, you’re a person with a story, and we’re here to make sure it’s heard.

* In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.