We are regularly instructed to advise in relation to cases in which the claimant has suffered a traumatic brain injury (TBI).
Such claims range from cases of mild cognitive ‘blunting’ to people who are in a minimally conscious state (MCS) or persistent vegetative state (PVS).
Investigation of these claims requires detailed and focussed neurological, neuropsychological and neuropsychiatric evidence, to deal with the complex issues of medical causation, capacity, extent and effect of the cognitive loss and the relevance of elements of the pre-accident medical history.
We are often called upon to assist at an early stage with issues of rehabilitation management.
Issues of capacity, the requirement for Court of Protection involvement and life expectancy are fundamental and we take the lead in marshalling the expert evidence to achieve the best possible outcome for insurers.
These claims frequently include consideration of the applicability of a provisional damages award in respect of future risk of post-traumatic epilepsy.
Where head injuries have been sustained by a cyclist or motorcyclist, we have handled numerous claims dealing with helmet issues. We investigate whether an appropriate helmet was being worn and, if not, whether this could have avoided and/or made a material difference to the injuries sustained.
To find out how we can assist you, please contact us at any time. One of our team of specialist lawyers will be happy to discuss your requirements or answer any queries.