Head and Brain Injury Compensation Lawyer

Head and brain injuries range from relatively mild concussions and Post-Concussion Syndrome (PCS) through to catastrophic brain damage requiring permanent care. Even injuries initially considered “minor” may develop into a permanent disability affecting memory, concentration and daily functioning.

Defining the Injury

A head injury refers to trauma affecting the scalp, skull or face. These often occur during:

• Car accidents and motorcycle collisions
• Workplace accidents or incidents
• Public liability claims involving unsafe premises or slip and fall accidents

A brain injury occurs when an event causes neurological dysfunction that impacts an individual’s physical, cognitive, emotional or behavioural state. In personal injury law, the classification of the injury is a vital component of the claims process, as it helps determine the appropriate medical specialists required to provide expert medical evidence.

Brain injuries are generally classified into these primary categories:

• Traumatic Brain Injuries (TBI): Resulting from an external physical force, such as those sustained in car accidents or slip and fall accidents.
• Acquired Brain Injuries (ABI): Damage that occurs to the brain at any point after birth. This may include injuries caused by strokes, infections or medical complications.
• Hypoxic or Anoxic Brain Injuries: Caused by oxygen deprivation

The impact of a brain injury is often broad and may result in an impaired ability to manage daily tasks independently. When evaluating a brain injury compensation claim, we gather medical evidence regarding how the injury has affected:

• Communication and Speech: Difficulties with language processing or physical speech production.
• Cognitive Functioning: Impairments in memory, concentration, decision-making and executive functioning.
• Emotional Regulation: Significant changes in mood, personality or the ability to regulate emotional responses.
• Physical Mobility: Challenges with balance, coordination or fine motor skills.
• Independence: A reduced capacity to engage in employment or perform activities of daily living without financial support or care.

During the claims process, these functional impacts are assessed by neuropsychologists to help establish the Degree of Permanent Impairment rating (DPI, occasionally also referred to as Whole Person Impairment, or WPI).

1. Initial Notice and Medical Evidence

The claims process begins with providing an initial notice or application for workers’ compensation to the relevant insurance company. To support your head or brain injury claim it is important to gather contemporaneous records that document the physical trauma sustained when the accident happened. For a work accident it is also important to obtain a work capacity certificate. For a Compulsory Third Party Claim a specific Medical Certificate must be obtained.

2. Assessment of Permanent Impairment

Once an injury has reached maximal medical improvement, a formal assessment is required to determine your compensation entitlements. The terminology and legal impact depend on the nature of the claim:

• Workplace Accidents: An independent medical assessor provides a Degree of Permanent Impairment (DPI) rating during the statutory claim. This figure determines your statutory lump sum offer. It is important to obtain legal advice before responding to a Notice of Assessment, as accepting a lump sum may extinguish your right to pursue common law damages.
• Common Law Claims: A specialist provides a Whole Person Impairment (WPI) rating, which is used to identify an Injury Scale Value (ISV). This scale is the primary metric for evaluating general damages in a common law claim.