What is brain injury compensation and what are the different claims?
Hospitals are flooded with more than a million people with head injuries every year. Most of the people who sustain injuries to their head are entitled for a compensation. The brain injury compensation that these people are entitled to can either be for special or for general damages. The coverage for suffering, amenity loss and pain constitute the damages titled as general. The compensation on head injury can range anywhere between 2000 - 7000 pounds for minor cases and between 155000 - 220000 for extreme cases.
The precedence cases play the most important role in deciding the amount of money to be awarded as compensation on such cases. The amount awarded is calculated after taking into account the injuries sustained by the individual along with the change the accident has on the lifestyle of the individual.
The financial expense or loss resulting from the accident is reported under the special damages section of brain injury compensation. This would include both the losses that has been incurred and that might be incurred in future due to the accident. This section would include the medical expenses, loss of excess in policy, increase in bills due to the prolonged stay at home, cost of medicines, expense incurred in traveling to hospital and so on. There are however five significant claims.
Claim for care: One can either claim for a commercial or a gratuitous or a care of both in a brain injury compensation. The latter is the care that is provided by family and friends for free of cost. When the injury involves ongoing help then depending on the number of hours that the person requires the help, a certain amount is awarded to the victim. The commercial is one where you employ a nurse for care. The commercial care would generally cost more than gratuitous. When you claim for assistance along with care, it would involve preparation of meals, cleaning, etc., along with providing care.
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Income loss claim: When a person has to stay away from work owing to an injury, then the person can claim the loss of income under brain injury compensation. This is calculated by subtracting any money awarded from average income of the person. Even loss on future income can be claimed if the person will not be returning to work in future. The legal representative should also include any possible pay hikes and promotions when calculating this amount. A person can also make a claim for any loss in pension amounts in future.
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Cost of equipments: Anyone who sustains a long term injury like movement or coordination related issues may have to get a special medical device to help with their day. The cost for these equipments can also be claimed under brain injury compensation. Some examples of such devices are:
- Suction or non-skid cups for feeding or advanced cutlery devices.
- Devices to plan and aid your memory like calculators, reminders and so on.
- Devices to support reading and writing like wrist supporting equipments, computer, etc.,
- Aids that can assist with grooming like devices to help you wear shoes and socks.
Cost of accommodation: Your legal representative should also work out on whether you would be returning home immediately. In that case, your house may have to be altered to make it suitable for your changed lifestyle now. For instance, you may have to make way for wheelchair or build a ramp and so on. In case, altering the existing property is not possible, then you may have to consider renting a new property or taking up alternate accommodation. This should also be taken into account by your legal solicitor.
Cost on treatment and medication: The legal team you hire would be focusing mainly on improving the treatment's quality and the rehabilitation facility received by the injured victim. This way, they can calculate any expense involved in the treatment of the victim and add up the same into the claim on brain injury compensation. The treatment for head injuries would usually include treatments such as occupational treatment, therapy for speech and physiotherapy.
For calculating the right amount to be awarded on damages listed under special category, the annual cost or loss is first calculated, which is also referred to as the multiplicand. Then the same is multiplied with the number of years, one would need this amount and a deduction is made on the multiplier, which in this case would be accelerated receipt. This calculation would yield a brain injury compensation amount that when invested wisely would be sufficient for any ongoing needs of the victim.
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Any person representing you legally should strive hard to get the right compensation amount you are entitled to, from the person involved in your accident. On the other hand, you can go ahead with court proceedings and let the judge of the court to decide on the value of brain injury compensation you are entitled to.
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