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Personal Injury Legal Aspects of Brain Injury. Personal Injury Legal Aspects of Brain Injury  Road Traffic  Accident at Work  Public Liability e.g.

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Presentation on theme: "Personal Injury Legal Aspects of Brain Injury. Personal Injury Legal Aspects of Brain Injury  Road Traffic  Accident at Work  Public Liability e.g."— Presentation transcript:

1 Personal Injury Legal Aspects of Brain Injury

2 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

3 Personal Injury Legal Aspects of Brain Injury WHAT 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?

4 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

5 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

6 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

7 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.

8 Personal Injury Legal Aspects of Brain Injury PURPOSE 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

9 Personal Injury Legal Aspects of Brain Injury INVOLVMENT OF OTHER PROFESSIONALS  Case manager - Involve early  Financial advice  Local health authority  Social work department

10 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 *


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