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How a personal injury claim can help with care after a brain injury

Suffering from a brain injury can be devastating not only for the injured person but also the immediate family.

Those injured can suffer from emotional, behavioural and personality changes as well as physical difficulties. Often communication can be difficult – with frustration and anger outbursts.

When an injured Claimant comes home from hospital, after sustaining a more serious brain injury, often the immediate family is called upon to act as Carer. This can have a drastic effect on the family dynamics and lives can be upturned with providing care, emotional support and arranging hospital visits.

Early rehabilitation through a personal injury claim

Bringing a personal injury claim can help. Subject to liability and prospects of success, insurers are requested to assist under the Rehabilitation Code, which essentially means that it will pay for an immediate assessment of the Claimant with a view to paying for the Claimant’s treatment needs thereafter. This assists not only the injured person, who benefits from the early rehabilitation and support but also the insurer who may not ultimately have to pay out as much in compensation if the injured claimant recovers more quickly and is able to get their life ‘back on track’ much sooner.


The NHS National Institute for Health Research advises that ‘Early, intensive rehabilitation aids recovery and improves outcomes for people with moderate to severe traumatic brain injury.’


It is generally thought that a multidisciplinary approach is most beneficial to ensure that all of the injured person’s needs whether physical, psychological, or neurological can be treated concurrently in order to maximise their recovery.

Where a brain injury is sustained we also work closely with the Child Brain Injury Trust (CBIT) to ensure that the Claimant and their family are supported. Headway, another charity, also provides valuable assistance.

The NHS is under resourced and private funding can ensure that appropriate treatment and care is adequately addressed.

Sustaining such an injury where it is caused by someone else’s negligence is frustrating and it can lead to understandable anger. Bringing a personal injury claim won’t of course, turn back the clock but it can help with identifying the extent of the brain injury and the provision of the right rehabilitation and financial support to help the injured person return to as much of their pre-accident lifestyle as possible.

To contact one of our Personal Injury Solicitors specialising in brain injuries please use our contact form or call us on 0330 822 3451.