For anyone affected by a head injury, life can change in an instant. Injuries to the brain can have profound and lifelong consequences for the individual affected and their family, in some cases necessitating ongoing care and therapy. In the short term, injuries of the brain can lead to loss of consciousness, headaches, vomiting, nausea, seizures, or double vision. In the long-term, people with brain injuries may fail to awaken, suffer the loss of motor movement or sensation, cognitive impairment, impaired hearing or sight, or damage to the autonomic nervous system which controls breathing and other vital bodily functions.
At Lavelle Partners, we truly understand the implications of brain injury and have helped many clients who have been injured as a result of the negligent acts of another person or business. We place the wider needs of our clients at the heart of what we do, providing support, guidance and legal expertise. If you or a loved one have suffered a serious head injury due to negligence, we are here to take the load off your shoulders as much as we can. Our team of brain injury solicitors will listen to the circumstances leading to the brain injury with the utmost empathy and patience and advise you on your options for seeking legal recourse.
What type of brain injury can I claim for?
Lavelle Partners have helped many clients to successfully bring a claim following brain injuries of all types and severity. You may be able to claim for the following types of traumatic brain injury (TBI):
- Closed head injuries: whereby the brain suffers damage, but the skull has remained intact.
- Open head injuries: whereby an object has penetrated the skull leading to damage to brain tissue.
Depending on the cause of the injury or nature of the accident, patients may suffer damage to their brain including concussion, haematomas, haemorrhage, stroke, aneurysm, and tumour.
In many cases, impact to or shaking of the head may not be the cause of brain damage. Lack of oxygen (referred to as an anoxic brain injury) due to poisoning (e.g. carbon monoxide), choking, near drowning, smoke inhalation, or electric shock can cause serious brain damage.
Who is liable for my brain injury?
Brain injuries can be caused by accidents due to negligence in a range of contexts including (but not limited to):
- Educational establishments
- Public facilities
- Road traffic accidents
- Healthcare settings
- Military facilities
- Supermarkets or other retail establishments
- Construction sites
Regardless of where the injury occurred, it will be necessary to establish who is at fault for the accident which led to the brain injury. Depending on the situation, this may be a local authority, public entity, building contractor, employer, a private company, or an individual.
Do I have grounds for a brain injury claim?
To bring a claim against a negligent party for your injuries, it will be necessary to prove:
- The party owed you a duty of care – if you were not owed a duty of care, no claim can be brought, and;
- The duty of care was breached, and;
- The breach of care led to brain injury.
This means that in some contexts, it may not be possible to make a claim because there is a lack of proof that negligence occurred. One of our primary roles will be to establish if there are grounds for a claim and if so, to create a compelling case that proves the other party held legal culpability which they breached, leading to your injury.
If you are unsure whether the circumstances of your brain injury are grounds for a claim, please contact one of our brain injury solicitors today who will take the time to listen to the details of your case and advise you of your legal options.
What may a claim for brain injury cover?
Claims following brain injuries due to negligence may cover two areas of loss:
- Pain and suffering due to the injury; and
- Specific costs resulting from the injury caused. This may cover costs already incurred, such as transport, accommodation, and medical treatment, and expected future expenses, such as physical therapy and care costs.
The costs you receive will be based on the precise injuries suffered and the circumstances of the case.
How Lavelle Partners’ brain injury solicitors can assist you in bringing a claim
- Lavelle Partners have successfully managed many cases of brain injury caused by the negligence of another party.
- Our personal injury team, headed by partner, Avril Scally, who herself has over 15 years’ experience in personal injury claims, place client care at the centre of everything they do.
- From the first moment you speak to one of our solicitors, we will listen to your case carefully and with empathy and will only recommend advancing your case if we believe you have a valid case.
- We have both the legal expertise and understanding of the real-life challenges faced by individuals and their families following such events.
- Our solicitors will manage the process entirely on your behalf; compiling the information necessary for your case, including medical notes and managing the submission of your personal injury claim.
By allowing us to handle your claim on your behalf, you can focus on what is most important, your recovery and care, or that of your family member or loved one.
For further information on making a claim for brain injury in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800 or email Avril Scally at [email protected]