Brain Injury Compensation Claims

Treating traumatic brain injuries is difficult and may involve surgery, medications, physical therapy, speech therapy, occupational therapy and counselling. Traumatic brain injuries can have a devastating impact on lifestyle and prevent a person’s ability to work.

Since car accidents are a major cause of brain injury, it is important to understand your rights to compensation following such an injury.

If you sustain an injury in a car accident, you are entitled to claim brain injury compensation under the Motor Accidents Compensation Act in NSW. This Act allows for an injured person to receive upfront payment of medical expenses and subsequently a claim can be made for pain and suffering, future medical treatment, past and future loss of income and care and assistance required because of the injury.

Since 1 October 2007, the Lifetime Care & Support Scheme was introduced in NSW to assist people who have sustained traumatic brain injury because of car accidents. The Lifetime Care & Support Scheme pays for all medical treatment, care and assistance needed following such an injury.

What Sort Of Injuries Are Classified As Brain injuries?

A Traumatic Brain Injury (T.B.I) is a disruption in the normal function of the brain that can be caused by a blow, bump or jolt to the head, the head suddenly and violently hitting an object or when an object pierces the skull and enters brain tissue. Observing one of the following clinical signs constitutes alteration in the normal brain function:

• Loss of or decreased consciousness
• Loss of memory for events before or after the event (amnesia)
• Focal neurological deficits such as muscle weakness, loss of vision, change in speech
• Alteration in mental state such as disorientation, slow thinking or difficulty concentrating

Symptoms of a T.B.I can be mild, moderate, or severe, depending on the extent of damage to the brain. Mild cases may result in a brief change in mental state or consciousness. Severe cases may result in extended periods of unconsciousness, coma, or even death.

Who Will Pay My Brain Injury Compensation If I Take Legal Action?

The party responsible for the negligence which resulted in the brain injury will pay the compensation, most people or businesses are usually insured, and it will be the insurance company paying for the compensation.

What Can I Claim Brain Injury Compensation For?

Depending on how serious the injury, and whether the injury was sustained at work, in a motor vehicle accident or in a public place, your claim for compensation may include; loss of income, pain and suffering, loss of enjoyment of life, medical expenses and the costs of care and assistance.

How Long Will A Brain Injury Claim Take?

There is no set or average time you can expect a brain injury claim to take. These claims are usually complicated due to both legal factors and medical matters.

It is important to seek out legal advice as soon as possible after a brain injury because there are time limits when applying for compensation.

Due to the nature of brain injuries, it is important to understand the full extent of the injury, if and when it will stabilise.  Your legal team then need to calculate the current and future impact of the injury to understand the full value of the case.

Are There Time Limits When It Comes To Making A Brain Injury Claim?

If you are making a claim for workers compensation, it is necessary to lodge the claim within six (6) months of the date that the injury occurred. In the case of death, within six months after the date of death.

In the case of motor vehicle accident injuries, a claim must be made within 28 days after the accident occurred.

If it is a personal injury matter, the claim can be made within 3 years of the date the negligence occurred.

If you or a loved one has sustained a traumatic brain injury, please do not hesitate to contact us as follows for help with compensation:

1. Complete our FREE case assessment form HERE
2. Email us at info@garlingandco.com.au
3. Give us a call on (02) 8329 9500