One of the major issues facing personal injury practitioners in road traffic accidents is the issue of discrete brain injuries. As ever, it will come down to the evidence that you obtain.
clues
Common features of mild traumatic brain injuries, post-concussion syndrome and mild neurocognitive disorder due to traumatic brain injury relate to the symptoms that the clients are reporting, which can include but not be limited to, headaches (with or without nausea), memory disturbance, dizziness, insomnia, risk of potential increase epilepsy, visual aura of blurring and flashing lights, fatigue, photophobia and phonophobia.
It can involve memory and concentration difficulties, deafness, tinnitus and dizziness often due to and caused principally by, vertebrobasilar aura of migraine sometimes associated with active benign proximal, positional vertigo (BPPV).
It is often accompanied by alterations to senses of smell and taste with smell transmitted by the olfactory nerves through the cribriform plate and ultimately the olfactory nerves, synapses in the frontal lobe of the brain. Such injuries are common in brain injuries and there can be a sheering of such nerves at the level of the crib reformer plate. Fatigue and sleep dysfunction are common features of traumatic brain injuries and mild neurocognitive disorder due to the traumatic brain injury.
Such injuries can have a devastating impact upon an individual’s life; it can impact them both at home and at work.
Where to Begin
Ordinarily, you would start with a neurologist, there would be reference to DSM V. That is bound to be referenced to the Mayo clinic criteria. Furthermore, they will look at the ICD-10.
You will need good evidence from your client, you would need good evidence from those who are close to your client and you will need to examine the medical records. You may well need to arrange CT and MRI scans if they were not taken at the time by the NHS, to be examined by the appropriate experts.
There is often an overlap between physical and psychological symptoms which is separate from a traumatic brain injury. It is not unusual therefore for orthopaedic surgeons, psychologists, ENT surgeons, neuropsychologist and neuropsychiatrists to be instructed as a consequence of any opinion formed.
The problems can manifest themselves later on as people frequently continue to struggle in silence in respect of their home and work life until they get to the point of no return and they cannot cope with matters anymore. You may well end up obtaining non-medical experts including care / case management and employment.
BE PREPARED
These cases are often hard fought. There are often frequent arguments over causation as to whether they are related to the accident at all; or if they are related to the accident, if they can be attributed to other areas. They are undoubtably complicated and involve significant amount of investment and time in establishing the link. However, they can have devastating impacts upon claimants and their families.
As usual, it comes down to the evidence in so far as proving the link. The starting point for me is always what the claimants and their families report to you when you first speak with them and take instructions.
The Motor Accident Solicitors Society
The Motor Accident Solicitors Society is a membership organisation for road traffic accident claims experts. As a non-profit organisation formed in 1991, we’re widely known as the expert voice on all matters relating to RTA claims. Our members widely benefit from this high profile not only through recognition of their expertise, but also from the important role that MASS plays within the RTA/PI claims industry. If you’re a law firm dedicated to representing road traffic accident victims, aligning with MASS is essential. Since 1991, we’ve set the gold standard in expertise, ethical practice and efficiency.
To contact the society, visit our Contact Us Page and fill out an enquiry form. Alternatively, you can also reach us by email on enquiries@mass.org.uk or by telephone on 0117 925 9604.
The Challenges of Traumatic Brain Injuries is a MASS Legal feature, written by Jason Claridge – Director & Joint Head of Personal Injury, Ward & Rider Solicitors, and MASS Regional Coordinator