Action for Brain Injury Week 2021 runs in the UK from 17th – 23rd May 2021. This is a week where focus is given to raising awareness of the devastating effects of brain injury.  As a legal practice specialising in catastrophic brain injury cases, we are regularly faced with the effects of brain injury arising out of all types of accidents on the road, at work or as a result of medical negligence.

These cases can be extremely complex - often, victims of a traumatic brain injury are left with a wide range of medical problems which will require intensive and lengthy rehabilitation for many years.  Some may also be dependent for the rest of their lives.  If the victim was an innocent party to the accident, then they will likely be entitled to substantial financial compensation for their injuries and consequential financial loss. It is therefore important that any proceedings issued on behalf of an injured party are handled by a solicitor with the required  skill and expertise needed to advise on all aspects of any potential claim for damages.

At Francis Hanna & Co Solicitors, we have a wealth of  experience in dealing with traumatic brain injury cases and know well the type of team of experts that need to be engaged in these complicated cases in order to maximise the value of any claim.  These areas can include:-

• Medical/nursing/care/architectural/occupational therapy - Many specialist experts will have to be instructed over and beyond those consultants actually treating the victim for his/her injuries.  For example, the victim may require independent care for the rest of their life. In these circumstances, a nursing care regime will need to be put in place as quickly as possible and nursing experts and disability specialists will need to be engaged to assess properly the cost of providing for care needs.  Often the family home of the victim will need to be substantially adapted to enable the victim to live as independently as possible. In these cases, expert architects and occupational therapists will often become involved. 

• Assistive Technology - As with virtually every aspect of life nowadays, technology plays a major role in helping victims of serious brain injury.  Assistive technology is any product or service that maintains or improves the ability of individuals with disabilities or impairments to communicate learn and live independent, fulfilling and productive lives. We work very closely with specialist Assistive Technology experts in this ever-expanding area to identify what technology can help a victim in every case.

• Employment/Forensic Accountancy - The victim's employment is crucial when properly considering these difficult cases.  Often victims of accidents can no longer return to work.  They may have been qualified or trained in a particular field of employment.  A team of specialist forensic accountants and employability consultants will therefore need to be instructed to calculate as precisely as possible the potential future financial loss.

Recovering the appropriate level of compensation in these cases requires a high level of skill. Victims of catastrophic brain injury need a specialist and experienced team of lawyers to cover all of these difficult issues.

Periodical Payments

We were involved in the first ever Periodical Payments case in Northern Ireland for a brain injured victim.  Periodical Payments ensure that the annual cost of the victim’s care is guaranteed for the remainder of the victim’s life, tax free.  Before this case in 2009,  catastrophic brain injury cases were resolved by lump sum settlements which gave no guarantee that the settlement amount would cover the actual cost of care for the rest of the victim’s life.  With so many advances made with rehabilitation, care and technology however, victims are surviving much longer than before.  It is therefore essential that the Periodical Payments option is very carefully considered in all of these complex cases as it gives families this certainty that a loved one’s care will be provided for the rest of the person’s life.

Since 2009, we have worked on many other catastrophic brain injury cases on behalf of victims and all of these cases have resolved with similar Periodical Payment Orders which give the best possible assurance to families that the cost of a victim’s care will be met for the remainder of a person's life.

We urge clients in this area to speak with us and to ask us about our experience. This is a very specialist area and victims and their families should instruct a firm of solicitors with experience in these cases as knowledge about who to instruct and the manner in which the claim is handled is key to obtaining the appropriate level of compensation.

For further information or for a free, no obligation discussion on 028 9024 3901 or contact us via email on info@fhanna.co.uk