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 *