Diffuse Axonal Injury Compensation Claims
If you have been affected by a diffuse axonal injury we can help.
The purpose of this guide is to help anyone who has suffered a diffuse axonal injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
diffuse axonal injury compensation:
Diffuse axonal injury is one of the most common types of head injury, diagnosed in around half of all severe head injury cases. It is also one of the most devastating. Patients with diffuse axonal injury or DAI invariably will suffer short-or long-term concussion; many will enter a coma. Approximately nine out of 10 patients with a severe DAI will not regain consciousness.
Where someone has suffered diffuse axonal injury or any other type of brain injury at the fault of others, they may be entitled to compensation. Relatives may start the claim if the patient is in a coma or deceased.
Do I have a diffuse axonal injury claim?
As a basic rule, you can make a diffuse axonal injury claim if your injury happened:
- within the last three years, and;
- another person was to blame, and;
- that person owed you a duty of care.
Do I have a claim? - Common questions
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a diffuse axonal injury claim on their own behalf.
What if there is no evidence?
Evidence can take the form of eyewitness accounts, CCTV footage, photographs etc. It will be difficult to win a diffuse axonal injury claim with no evidence at all. You may feel that there is no evidence but a solictor may well be able to assist in collating evidence that you, as a claimant, were unaware of.
The amount of money you could claim for your diffuse axonal injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your diffuse axonal injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a diffuse axonal injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Diffuse axonal injury compensation amounts
The following diffuse axonal injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fifteenth Edition by the Judicial College.These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
|Brain injury||Minor||Minimal injury with full or near-complete recovery||£1,760 to £10,180|
|Brain injury||Less severe||Good recovery with a return to work and normal social life||£12,210 to £34,330|
|Brain injury||Moderate||Resulting in a lower degree of dependence||£34,330 to £174,620|
|Brain injury||Serious||Resulting in serious disability and substantial dependence on others||£174,620 to £224,800|
|Brain injury||Severe||Very severe with the need for full-time nursing care||£224,800 to £322,060|
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a serious head injury can be £30,000
For a less severe shoulder injury, in isolation, you would typically receive £4,500.
However, if you have a serious head injury and a less severe shoulder injury, you would typically receive £30,000 + a reduced percentage of £4,500.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.
What is the average injury compensation for a diffuse axonal injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a diffuse axonal injury will depend entirely on your specific circumstances.
Your diffuse axonal injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
What if I am not yet sure of the extent of my injury?
If you have not yet sought medical attention, your solicitor will arrange a medical assessment for you ASAP. If you are awaiting test results, a claim can still be started. Once the extent of the injuries are known, the settlement can be calculated.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following a diffuse axonal injury injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Diffuse axonal injury compensation
Calculating how much compensation you can claim for a diffuse axonal injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your diffuse axonal injury claim could be worth now:
How long does a diffuse axonal injury claim take?
The length of time needed to secure compensation for a diffuse axonal injury can vary considerably.
A straightforward liability accepted injury claim can settle in a couple of months. If liability is denied, however, the process might take longer. Typically, an injury claim takes between 4 and 9 months. For more information, see: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your diffuse axonal injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
What is diffuse axonal injury?
Diffuse axonal injury occurs when the fibres that connect the cells in the brain are damaged or torn. This disrupts the electrical signals in the brain affecting movement, sensation, speech, memory and consciousness.
The condition is known as "diffuse" axonal injury because, unlike most other brain injuries, a large area of the brain is affected. This means that the injury is difficult to diagnose and may be more severe than first appears on a conventional brain scan.
What are the causes of diffuse axonal injury?
DAI is caused by a sudden jolt to the brain within the skull. The skull itself is not fractured, but the violent jerking or shaking movement causes pressure to build up in the brain which, if not stabilised, can have severe or fatal consequences.
It is also important to note that DAI can occur without a direct blow to the head occurring. Any hard or repeated shaking action may be enough to cause the brain to move back and forth in the skull.
What are the symptoms of diffuse axonal injury?
Symptoms range from mild to severe and include:
- Long-term loss of consciousness
- Temporary or repeated short-term loss of consciousness
- Dizziness and nausea.
The type of symptoms will depend on the seriousness of the injury and the part of the brain that has been affected.
Treatment and prognosis
The immediate priority is to stabilise the injury and reduce the swelling of the brain. As with all brain injuries, early medical intervention is essential to prevent permanent loss of brain function and provide the best outcomes for the patient.
In many cases, a full recovery is unlikely. It is not possible to surgically repair damaged or disconnected brain fibres, so the focus is on rehabilitation. Therapies may include physiotherapy, occupational therapy, speech therapy and counselling. Some patients may need to use mobility aids and other adaptive equipment to support their daily function.
Compensation for diffuse axonal injury
For the majority of patients, DAI is a life-changing condition. The level of brain damage associated with the injury usually makes it difficult for patients to return to work, and many will need 24-hour support and personal care.
Often, occurrences of DAI are due to the negligence of other individuals or companies. If it can be shown that another person is legally responsible for the accident that caused the injury, a claim for compensation may be brought. Each case will be determined on its own merits by reference to the seriousness of the diffuse axon injury. However, due to the irrevocable nature of brain damage, the amount of compensation can be substantial.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
How does no win, no fee work?
With a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if your claim is not successful.
No win, no fee guarantee
Our no win, no fee guarantee means there is no financial risk in making a diffuse axonal injury claim, even if you don't win your claim. Read more about making a No win, no fee claim
What do I pay if I win my diffuse axonal injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my diffuse axonal injury claim?
If your diffuse axonal injury claim is not successful then you do not have to pay any legal fees whatsoever. Your solicitor may take out insurance to ensure there will be nothing to pay.
Is there a penalty if I withdraw?
Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Diffuse axonal injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a diffuse axonal injury claim?
In general, you have a time limit of up to 3 years from the date of the diffuse axonal injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your diffuse axonal injury claim becomes 'statute barred'.
Can I claim for a diffuse axonal injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim diffuse axonal injury compensation.
In reality, there are a number of factors that can affect whether a diffuse axonal injury claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
Howard Willis, Personal injury solicitor
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.