Valuing Damages For Brain Injury Compensation
Compensation for brain injury
Placing a value on the damages which should be paid to a person who has suffered traumatic brain injury requires specialist expertise. At Irwin Mitchell, we have a sustained track record of representing clients with brain injuries and have been at the forefront of ensuring that Claimants receive full compensation when they are able to claim for their injuries.
Getting the best expert advice
A person bringing a claim must prove to the Court the extent of their injuries and their financial losses. Good evidence is vital in ensuring that the full extent of an acquired brain injury and how it affects a person can be understood by the Court.
At Irwin Mitchell, we only use medical and other experts that have demonstrated a good understanding of the effects of brain injuries. This often involves our clients attending assessments with Neurologists, Neuropsychologist, Psychiatrists and other experts in the field. Using the right experts also extends to specialists in other areas which may be required, depending upon the needs and situation of the injured person; Nursing Care Assessors, Occupational Therapists and Employment Consultants are a few examples.
Proving the claim
At Irwin Mitchell we understand the importance of gathering persuasive documentary witness evidence to show the impact of a brain injury on our clients’ lifestyle, family life, employment and recreation, as well financial losses and expenses. We believe that the Court should be encouraged to see the effects that a serious injury can have on quality of life. This can include bringing the evidence to life with videos, diaries, employment histories and photographic portfolios.
If you have been involved in a serious accident and are pursuing a claim, it is also vital to keep good records of your out of pocket expenses, for example medication, travel costs, the cost of employing care or domestic help and so on. Keeping these records helps enormously in proving the losses at a later stage when damages are calculated and claimed.
Our clients benefit from the specialist expertise of our “Special Damages Unit”. Special Damages is a legal phrase used to refer to calculated financial loss such as out of pocket expenses, loss of earnings and care costs. We employ a substantial team of people dedicated to working out such losses and preparing well presented documents (called “Schedules of Loss”) for the Court.
Our in-house Special Damages Unit has been established for 18 years and employs a range of people with differing specialities, including accountancy trained employees and others who train with Irwin Mitchell in this area of speciality. Our Special Damages Unit also assist in case conferences, client meetings, preparing for trial and writing critiques on evidence.
"The Special Damages Unit has extensive experience and knowledge in preparing all types of Schedules of Loss and Damage, providing support at case conference and settlement meetings and advice on a number of quantum issues".
John Pickering – Managing Partner
Depending entirely upon the nature of the injuries, the areas of loss may include:-
Loss of earnings or reduced earnings ability; It may be that due to the injury you have been unable to resume work; we will calculate the amount of earnings lost, either for short periods or full losses to retirement. We also consider areas such as loss of promotion and career prospects.
Pension loss; If you have been unable to resume making contributions into your pension scheme we will assess how much pension will have been lost due to your injuries.
Family care or paid care support; If a family member has been providing assistance to you over and above that which would normally be provided, it is possible to claim the value of the support. We can also claim the cost of employing carers and domestic assistants etc.
Therapies and rehabilitation costs; This might includes areas such as physiotherapy, speech and language therapy, hydrotherapy and attending rehabilitation units, all of which are recoverable costs if required due to your injuries.
Aids and equipment; It may be that your treating consultant has recommended some equipment to assist in your every day life; if these items are not readily available on the NHS Trust we can include them and their replacement cost.
Accommodations costs; In some cases it is necessary to relocate as the current property is no longer suitable due to the injuries that have been sustained. We are able to include the additional cost of buying and adapting a suitable property.
Increased household costs: Generally, if the need to move to a bigger property has arisen for example to accommodate carers and additional costs that arise from this, for example increased heating bills, increased insurance costs etc.
This is an example of the areas of which we cover. However we consider that all of the above are subject to medical evidence supporting the fact that they are needed as a direct consequence of brain injuries.
Our expertise in the filed of quantifying loss has enabled us to be at the forefront of developing the law and practice in this area.
Contact us here for more information and free advice >