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Legal Aspects of Brain Injury

Legal Aspects of Brain Injury. Road Traffic Accident at Work Public Liability e.g. Slipping and Tripping Assaults – Criminal Injury Compensation Medical Negligence Judicial Review Contributory Negligence? May still be a case. Legal Aspects of Brain Injury. WHAT IS AN ACCIDENT?

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Legal Aspects of Brain Injury

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  1. Legal Aspects of Brain Injury

  2. Road Traffic Accident at Work Public Liability e.g. Slipping and Tripping Assaults – Criminal Injury Compensation Medical Negligence Judicial Review Contributory Negligence? May still be a case Legal Aspects of Brain Injury

  3. WHAT IS AN ACCIDENT? When an incident occurs which no one could have reasonably foreseen and for which no one should be held responsible. WHAT IS NEGLIGENCE? “… you must take care to avoid acts or omissions which you can reasonably foresee would be likely to damage your neighbour. Can you reasonably foresee that by doing or not doing something, someone else will be injured or affected by your action or inaction? Legal Aspects of Brain Injury

  4. WHO IS YOUR NEIGHBOUR? Other road users Employees/visitors to a business As an occupier of land/buildings – Any visitor As a professional – your patient/client Legal Aspects of Brain Injury

  5. WHAT HAS TO BE PROVED? Existence of a duty Breach of that duty Causation - pre-injury issues; the art of crystal ball gazing/prediction Loss Legal Aspects of Brain Injury

  6. SOURCES OF EVIDENCE: Witnesses Medical records Personnel records School records Family and friends Expert evidence: medical, rehab, occupational therapists, employment consultants, pension experts Legal Aspects of Brain Injury

  7. TYPES OF LOSS: Pain and suffering (solatium) Loss of earnings (past and future) Pension loss Services (given and received) Care costs (past and future) Rehabilitation costs Expense of adaption; removal; associated expenses. Legal Aspects of Brain Injury

  8. PURPOSE OF A CASE: DAMAGES: To put pursuer in the position he would have been in if he had not sustained the wrong for which he is now getting compensation. HOW DOES A CASE WORK: Preparation Intimation Negotiations Proceedings Interim payments Provisional damages Legal Aspects of Brain Injury

  9. INVOLVMENT OF OTHER PROFESSIONALS Case manager - Involve early Financial advice Local health authority Social work department Legal Aspects of Brain Injury

  10. GENERAL ISSUES Possible brain injury often not recognised ‘Minor head injury’ – can be misleading Suggests insignificant injury and symptoms Effects often not immediately apparent Differing symptoms/timing/impact * IF IN DOUBT, SEEK ADVICE AS SOON AS POSSIBLE * Legal Aspects of Brain Injury

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