If a diffuse axonal injury has set you back, we'll help you move forward
Diffuse axonal injuries are serious brain traumas, with compensation claims often being made for long-term rehabilitation and support services.
If you have been affected by a diffuse axonal injury, we can help. If your injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation.
You can make a compensation claim with the help and support of a personal injury solicitor.
In this article
You are not alone
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.
If you have suffered diffuse axonal injury or any other type of brain injury at the fault of others, you may be entitled to compensation. Family may claim for compensation if the affected person is in a coma or has died.
If you decide to make a diffuse axonal injury claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you deserve.
Do I have a diffuse axonal injury claim?
As a basic rule, you will be eligible to make an injury claim if you were injured:
- within the last 3 years, and;
- another person was to blame, and;
- that person owed you a duty of care.
Find out online if you can claim with our injury claim calculator. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.
Can I claim if I feel I was partly to blame?
Identifying who is legally responsible for a claimant's injuries is not always obvious.
In our 2023 Personal Injury Claimant Survey, 13.99% of respondents felt they were at least partly responsible for their accident or injuries.
When fault on both sides caused a claimant's injuries, this is called 'contributory negligence'. In these situations, compensation may still be payable on the basis of a split liability agreement.
How long do I have to claim diffuse axonal injury compensation?
In most cases, you have 3 years from the date of your accident or injury.
If you were injured when you were under 18, a parent, guardian or adult 'litigation friend' can make a claim on your behalf. Once you turn 18, you have until your 21st birthday to start an injury claim.
How much compensation can I claim for a diffuse axonal injury?
The amount of money you could claim for your injury will depend on:
- the seriousness 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 injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.
Diffuse axonal injury
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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 is compensation awarded to cover any financial losses and expenses you incur as a result of your diffuse axonal injury or negligent medical treatment. These damages aim to put you back in the financial position you would have been in, had your injury not occurred.
Special damages will also cover your medical treatment expenses, that might include medication, rehabilitation and supportive care.
Average diffuse axonal injury general damages compensation
The following diffuse axonal injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Sixteenth Edition by the Judicial College.These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).
|Brain injury||Minor||Minimal injury with full or near-complete recovery||£2,010 to £11,610|
|Brain injury||Less severe||Good recovery with a return to work and normal social life||£13,930 to £39,150|
|Brain injury||Moderate||Resulting in a lower degree of dependence||£39,150 to £199,150|
|Brain injury||Serious||Resulting in serious disability and substantial dependence on others||£199,150 to £256,370|
|Brain injury||Severe||Very severe with the need for full-time nursing care||£256,370 to £367,260|
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.
The most common cause of a diffuse axonal injury is a high-impact road traffic accident. Other causes include falls from height, violent crime, sports injuries and shaken baby syndrome.
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 happen?
The process for a diffuse axonal injury claim depends the circumstances of the accident. To learn more, click the icons below:
How we can help you with your injury claim
Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
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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.