Diffuse axonal injury compensation claims
The following article sets out everything you must know about making a successful diffuse axonal injury compensation claim.
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.
If you have suffered a diffuse axonal injury in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.
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.
I have a strong claim - why won't a solicitor take it on?
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.
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.
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.
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.
No Win, No Fee diffuse axonal injury claims begin with the injured claimant agreeing, with their injury lawyer, a Conditional Fee Agreement (or CFA).
Your Conditional Fee Agreement defines a contract between you and your injury lawyer.
The agreement sets out the work provided by the solicitor and, most significantly, a success fee that will be taken from the compensation after the injury lawyer wins the case.
Choosing a Quittance personal injury lawyer, you will be able to focus on your rest and recovery, knowing that there is nothing whatsoever to pay if your case is not successful.
The amount of compensation you will receive depends on a number of factors. Our personal injury compensation calculator provides an accurate estimate of your likely compensation.
Accidents at work - Claims against your employer
Every year, 600,000* employees are injured in accidents at work. If you have suffered an injury or illness at work, you may able to claim compensation.
Find out if you can claim diffuse axonal injury compensation from your employer: Read more about work accident claims
*Source: 2016/17 Health and Safety Executive (HSE) report
Road traffic accident claims
Every year almost 200,000* people are injured on Britain's roads. If you have been injured in a road accident that was not your fault, you can claim compensation.
Find out more about claiming diffuse axonal injury compensation for a road accident: Read more about road accident claims
*Source: Official Department of Transport statistics (gov.uk)
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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.
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