Brain Injury

Brain injuries, like people are unique and at Bond Pearce we have the experience and expertise to deal with the most complex of brain injury claims. We recognise that compensation is but one part and that rehabilitation, assistance and a guiding hand from someone who has the experience in dealing with brain injuries is of equal importance. The legal process can be complex and we aim to take the pressure away from this area making it a seamless process for you. We visit our clients in head and brain injury units and hospitals as well as at home and are happy to have an informal chat to see whether we can help you.

If you have or a loved one has suffered a brain injury due to the negligence of someone else contact one of our personal injury lawyers for specialist brain injury legal advice. You can either fill out our online enquiry form, request a call | back or call us direct on 0800 915 4650.

An estimated 1 million people in Britain attend hospital each year as a result of a head injury. An enormous range of both physical and psychological effects can stem from a brain injury. These effects depend on the severity of the injury. It can be particularly serious if the brain is damaged.

A severe brain injury can result in damage to the nerve fibres in the centre of the brain. In turn this can result in coma. There can be loss of power in the arms and legs, speech impairment, changes in personality and memory, as well as behavioural problems. It is estimated that each year over 11,000 people will suffer a severe head injury and remain unconscious for six hours or longer. After five years, only 15 per cent will have returned to work.

A moderate brain injury can result in tiredness, headaches, dizziness, difficulties with thinking and attention span, or irritability. It is estimated that 10,000 people will suffer a moderate head injury, causing unconsciousness for up to six hours. After five years, some will still have physical or psychological problems.

The majority of brain injuries fall into the category of a minor injury, such as banging your head on a doorway or slipping over in the street. Yet even such small accidents can result in nausea, headaches, dizziness, memory problems and extreme tiredness, and sometimes lead to anxiety or depression. It is estimated that approximately 150,000 people will suffer a minor head injury each year, resulting in unconsciousness for 15 minutes or less.

It is important to remember that brain injuries can impact dramatically not just upon the injured persons lifestyle but also their family too. Specialist advice both medically and legally is vital from the start.

Head and Brain injury compensation claims can be complex due to the number of factors to consider and it is vital that you instruct a legal team who have experience of dealing with head injuries and brain injuries. Our brain injury solicitors have experience in obtaining compensation for our clients who have suffered a head injury, in particular obtaining early interim payments. Your solicitor will be able to liaise with you and your medical team to discuss your injury and any implications this will have for the future. Your head injury solicitor should take an active role in your rehabilitation as they will be able to provide legal advice and assistance with regard to the financial support and help that is available to you throughout your legal claim.

On this area of our website we have dedicated some pages to provide more information about head injuries and damage to the brain. We have also provided the details of organisations who might be of help or assistance to you. We hope you find this useful.

Common causes of brain injury

Road traffic accidents such as car accidents, motorbike accidents and cycling accidents account for between 40 and 50 per cent of all brain injuries. They are also often the cause of the most severe brain injury. Domestic and industrial accidents such as falls at work or being hit by falling objects at work cause between 20 and 30 per cent. Most of the rest are caused by sports and recreation (10 to 15 per cent) and criminal assaults (10 per cent). Of particular concern is the fact that 20 per cent of all head injuries in children are caused by cycling injuries. Cyclists who wear helmets are 85 per cent less at risk of head injury.

What is a brain injury?

The brain can be damaged in a number of ways. It is protected by the skull, but despite this protection, a knock or a blow to the head can lead to brain damage. Below we list the main types of brain injury.

Acquired Brain Injury
Acquired Brain Injury (ABI) is an injury to the brain that has occurred since birth. The term includes traumatic as well as non-traumatic brain injuries. Traumatic brain injury (TBI), or head injury as it is commonly known, is one type of acquired brain injury (ABI),
Traumatic Brain Injury TBI
A traumatic brain injury occurs when an outside force impacts on the head hard enough to cause the brain to either move within the skull or if the force causes the skull to break and directly hurts the brain.
A direct blow to the head can be enough to injure the brain inside the skull. A direct force to the head can also break the skull and directly hurt the brain. This type of injury can occur from road traffic accidents such as car accidents, motorbike accidents, cycling accidents, pedestrian accidents, firearms, accidents in the workplace such as falls from height and also falling objects, sports and physical violence such as hitting or striking with an object.
A rapid acceleration and deceleration of the head can force the brain to move back and forth across the inside of the skull. The stress from the rapid movements pulls apart nerve fibres and causes damage to brain tissue. This type of injury often occurs as a result of car accidents and physical violence, such as Shaken Baby Syndrome.
Severe brain injury
A severe brain injury can result in damage to the nerve fibres in the centre of the brain. In turn this can result in coma. There can be loss of power in the arms and legs, speech impairment, changes in personality and memory, as well as behavioural problems. It is estimated that each year over 11,000 people will suffer a severe head injury and remain unconscious for six hours or longer. After five years, only 15 per cent will have returned to work.
Moderate brain injury
A moderate head injury can result in tiredness, headaches, dizziness, difficulties with thinking and attention span, or irritability. It is estimated that 10,000 people will suffer a moderate head injury, causing unconsciousness for up to six hours. After five years, some will still have physical or psychological problems.
Minor brain injury
The majority of head injuries fall into the category of a minor injury, such as banging your head on a doorway or slipping over in the street. Yet even such small accidents can result in nausea, headaches, dizziness, memory problems and extreme tiredness, and sometimes lead to anxiety or depression. It is estimated that approximately 150,000 people will suffer a minor head injury each year, resulting in unconsciousness for 15 minutes or less.

Symptoms of a traumatic brain injury

Symptoms of a traumatic brain injury can include, but are not limited to:

Spinal fluid (thin water-looking liquid) coming out of the ears or nose
Loss of consciousness; however, loss of consciousness may not occur in some concussion cases
Dilated (the black centre of the eye is large and does not get smaller in light)or unequal size of pupils
Vision changes (blurred vision or seeing double, not able to tolerate bright light, loss of eye movement, blindness)
Dizziness, balance problems
Respiratory failure (not breathing)
Coma (not alert and unable to respond to others) or semi comatose state
Paralysis, difficulty moving body parts, weakness, poor coordination
Slow pulse
Slow breathing rate, with an increase in blood pressure
Vomiting
Lethargy (sluggish, sleepy, gets tired easily)
Headache
Confusion
Ringing in the ears, or changes in ability to hear
Difficulty with thinking skills (difficulty "thinking straight", memory problems, poor judgment, poor attention span, a slowed thought processing speed)
Inappropriate emotional responses (irritability, easily frustrated, inappropriate crying or laughing)
Difficulty speaking, slurred speech, difficulty swallowing
Body numbness or tingling
Loss of bowel control or bladder control

Types of traumatic brain injury

The brain can receive several different types of injuries depending on the type of force and amount of force that impacts the head. The type of injury the brain receives may affect just one functional area of the brain, various areas, or all areas of the brain. Injuries can either be open or closed.

Open head injury/penetrating head injury - In these injuries, a foreign object enters the brain and causes damage to specific brain parts. Such as with a bullet. This damage occurs along the route the object has travelled in the brain. Symptoms vary depending on the part of the brain that is damaged.
Closed head injuries result from a blow to the head. Such as when the head strikes the windshield or dashboard of a car. The injuries that result include:
Skull fracture: Breaking of the bony skull
Contusions/bruises: Often occur right under the location of impact or at points where the force of the blow has driven the brain against the bony ridges inside the skull
Haematoma/blood clots: Occur between the skull and the brain or inside the brain itself
Lacerations: Tearing of the frontal (front) and temporal (on the side) lobes or blood vessels of the brain (The force of the blow causes the brain to rotate across the hard ridges of the skull causing the tears).
Diffuse axonal injury: Arises from a cutting, or shearing, force from the blow that damages nerve cells in the brain's connecting nerve fibres.
Other injuries which may develop over time may include brain swelling (oedema), increased pressure inside of the skull (intracranial pressure), epilepsy, intracranial infection, fever, haematoma, low or high blood pressure, low sodium, anaemia, too much or too little carbon dioxide, abnormal blood coagulation, cardiac changes, lung changes, and nutritional changes.
Physical problems may include hearing loss, tinnitus (ringing or buzzing in the ears), headaches, seizures, dizziness, nausea, vomiting, blurred vision, decreased smell or taste, reduced strength and coordination in the body, arms, and legs.
There may also be communication problems and problems with thinking - cognition problems.

Injuries to specific areas of the brain:

Frontal lobe - the area of the brain involved with cognitive thinking - planning, organising, problem solving, selective attention, emotions, behavioural control and personality.
Occipital lobe - the area of the brain involved with vision
Temporal lobe - the area of the brain involved with memory language and understanding
Parietal lobe - the area of the brain involved with perception, making sense of the world, arithmetic and spelling
Motor cortex - the area of the brain involved with movement
Sensory cortex - the area of the brain involved with sensations
Cerebellum - is the largest part of the brain and controls thought processes such as memory and learning and motor functions such as walking.
Brain Stem - on the base of the skull is a hole where the lower part of the brain or brain stem is connected to the spinal cord, and from there to the whole of the nervous system and the rest of the body. The brain stem is rather like a thick telecommunications cable, with countless nerve fibres like wires, carrying messages backwards and forwards. This brain stem area is also known to control such bodily functions as wakefulness, consciousness, tiredness, heartbeat and blood pressure. Damage to this area is thought to cause concussion and loss of consciousness.

Other types of brain injury

Anoxia - Anoxic brain injury occurs when the brain does not receive any oxygen. Cells in the brain need oxygen to survive and function.

Types of Anoxic Brain Injury

Anoxic Anoxia- Brain injury from no oxygen supplied to the brain
Anaemic Anoxia- Brain injury from blood that does not carry enough oxygen
Toxic Anoxia- Brain injury from toxins or metabolites that block oxygen in the blood from being used

Hypoxia - a hypoxic brain injury results when the brain receives some, but not enough oxygen.

Types of Hypoxic Brain Injury

Hypoxic ischemic brain injury also called Stagnant Hypoxia or Ischemic Insult - Brain injury occurs because of a lack of blood flow to the brain because of a critical reduction in blood flow or blood pressure.

Causes of these other types of brain injury include:

Airway obstruction
Near-drowning, throat swelling, choking, strangulation, crush injuries to the chest
Electrical shock or lightening strike
Trauma to the head and/or neck
Traumatic brain injury with or without skull fracture, blood loss from open wounds, artery impingement from forceful impact, shock
Vascular Disruption
Heart attack, stroke, aneurysm, intracranial surgery
Infectious disease, intracranial tumours, metabolic disorders
Meningitis, certain venereal diseases, AIDS, insect-carried diseases, brain tumours, hypo/hyperglycaemia, hepatic encephalopathy, seizure disorders
Toxic exposure
Illegal drug use, alcohol abuse, lead, carbon monoxide poisoning, toxic chemicals

Severe Brain Injury other outcomes
In some severe cases the injured person might be described as being in a Vegetative State or a Persistent Vegetative State (PVS). Vegetative State describes a severe brain injury in which:

Arousal is present, but the ability to interact with the environment is not
Eye opening can be spontaneous or in response to stimulation
General responses to pain exist, such as increased heart rate, increased respiration, posturing, or sweating
Sleep-wake cycles, respiratory functions, and digestive functions return

A Persistent Vegetative State (PVS) is a term used for a Vegetative State that has lasted for more than a month.

Child brain injury

Children are very active and have little sense of danger - therefore it is not surprising that child head injuries are common - most thankfully the majority are minor. Road traffic accidents such as car accidents as a passenger, cycling accidents and pedestrian accidents such as crossing the road or running out in front of a vehicle account for the majority of head injuries and are often the cause of the most severe brain injury. Sports, recreation and playtime are also responsible for 10-15% of all head injuries. But of particular concern is the fact that 20 per cent of all head injuries in children are caused by cycling injuries. As well as dealing with head injuries as a result of road accidents and sporting injuries at Bond Pearce we also have expertise in dealing with child brain damage cases involving cerebral palsy and shaken baby syndrome.

It is important to remember that brain injuries can impact dramatically not just upon your child's lifestyle but also the immediate family too. Specialist child brain injury legal advice is vital from the start. This is because child head and brain injury legal claims can be complex due to the number of factors to consider and it is vital that you instruct a legal team who have experience of dealing with head injuries and brain injuries. Our brain injury solicitors have experience in obtaining compensation for our clients who have suffered a head injury, in particular obtaining early interim payments to help with ongoing needs such as care, aids and equipment. We understand the intricacies and will liaise with you and your medical team to discuss your child's injury and any implications this will have for the future. Your child head injury solicitor should take an active role in their care and rehabilitation as they will be able to provide legal advice and assistance with regard to the financial support and help that is available throughout your legal claim and beyond.

Even if you feel that your child may have been in some way to blame for the accident - for example they may have run out into the road, you should seek specialist child injury legal advice as in some circumstances cases can be pursued. We have an excellent record of successfully settling pedestrian cases such as this, usually on a split liability basis. For example your child might be held partly responsible for the accident but so would the driver. The end settlement would then be reflective of this. Whatever the situation it is always worth seeking expert legal advice first, at least then you will know.

At Bond Pearce we understand that compensation is but one reason why people come to us for help and that rehabilitation, assistance and a guiding hand from someone who has the experience in dealing with child brain injuries is of equal importance. The legal process can be complex and we aim to take the pressure away from this area making it a seamless process for you.
A serious head injury can have lasting effects. We can put you in touch with support organisations and obtain help and assistance for you. We visit our clients in head and brain injury units and hospitals as well as at home and are happy to have an informal chat to see whether we can help you.

When brain damage is fatal

At Bond Pearce we are experienced in helping people following the death of a loved one including representation at inquest. We aim to take the pressure off you at this most difficult of times and help you to get the answers you deserve. Preparing for an inquest can be a traumatic and bewildering experience on top of the shock and distress caused by the death. Many people feel that the legal procedures and processes in trying to discover the truth about the circumstances of a death are the last thing they can cope with after losing someone close. Read more about inquests.