An acquired brain injury (ABI) is caused by sudden damage to the brain during a person’s lifetime, unrelated to genetic or congenital disorders. These injuries can result from negligence in medical care, such as errors during surgery, birth injuries, or misdiagnosis of critical conditions. If competent medical treatment could have prevented or mitigated the injury, you may be entitled to compensation.
At Tiernan & Co. Solicitors, we have extensive experience handling acquired brain injury claims. We provide expert legal support to individuals and families affected by medical negligence, ensuring their rights are protected.
What Is an Acquired Brain Injury?
Acquired brain injuries occur after birth and result from traumatic or non-traumatic causes, such as external forces or medical negligence. These injuries can cause neurological dysfunction, impacting physical, cognitive, and emotional well-being.
Examples of ABI Causes:
- Medical Negligence: Surgical errors, undiagnosed strokes, blood clots, or haemorrhages.
- Traumatic Incidents: Falls, car crashes, or sports injuries.
- Non-traumatic Conditions: Anoxic injuries due to oxygen deprivation, brain tumours, or acquired hydrocephalus.
Symptoms and Consequences of an Acquired Brain Injury
Brain injuries affect each individual differently. Symptoms may appear immediately or develop over time, including:
- Cognitive Impairments: Memory loss, reduced processing speed, and difficulty concentrating.
- Physical Disabilities: Paralysis, seizures, and sensory impairments.
- Emotional and Social Challenges: Depression, anxiety, and personality changes.
- Neurological Damage: Stroke, epilepsy, and autonomic dysfunction.
The consequences can be life-altering for patients and their families, often leading to long-term medical, emotional, and financial challenges.
Establishing Medical Negligence
Medical professionals owe their patients a duty of care to prevent injury during treatments or procedures. If substandard care results in a brain injury, the injured party may have grounds to claim compensation.
At Tiernan & Co. Solicitors, we take the following steps to establish negligence:
- Obtain Medical Records: We gather all relevant documentation from hospitals, GPs, and rehabilitation facilities.
- Consult Medical Experts: Independent specialists review your case to identify if negligence occurred.
- Advise on Case Viability: Once negligence is confirmed, we guide you through the claim process and handle all legal proceedings.
Types of Brain Injuries
Acquired brain injuries can manifest in various forms, including:
- Traumatic Brain Injuries (TBI): Resulting from external forces, such as falls or assaults, including concussions and contusions.
- Anoxic Brain Injuries: Caused by oxygen deprivation, often due to drowning or medical errors.
- Brain Tumours: Negligence in diagnosing or treating tumours can lead to severe complications.
- Stroke or Haemorrhage: Undiagnosed strokes or improper treatment can result in permanent damage.
- Hydrocephalus: Mismanagement of cerebrospinal fluid buildup, often related to surgical or diagnostic errors.
Compensation for Acquired Brain Injuries
Compensation is assessed based on the severity and long-term impact of the injury. Factors include:
- Extent of the injury and treatment required.
- Loss of earnings or inability to work.
- Ongoing care, rehabilitation, and medical expenses.
- Impact on quality of life and relationships.
Under the Personal Injuries Guidelines, awards for brain injuries can range from €25,000 for minor cases to €550,000 for severe injuries with long-term disabilities. The Personal Injuries Guidelines provide a reference point, but compensation depends on the unique details of each case. For instance, the severity of the brain injury plays a crucial role—mild injuries with temporary symptoms may result in a lower award, while severe injuries causing permanent disabilities often lead to significantly higher compensation.
Factors like the need for lifelong medical care or specialised rehabilitation can also increase the amount awarded. For example, if home adaptations or ongoing therapy are required, these costs will be accounted for. In addition, if the injury impacts a person’s ability to work, compensation will reflect both lost earnings and potential future income.
Other considerations can also raise or reduce the final compensation. Every case is carefully evaluated to ensure fair recognition of the injury’s impact.
Statute of Limitations
In Ireland, brain injury claims must be initiated within two years from the date of the injury or the date it was discovered. For individuals under 18, the limitation period begins on their 18th birthday, but claims can be initiated by a parent or guardian before this time.
Support for Brain Injury Victims
At Tiernan & Co. Solicitors, we understand the profound challenges faced by brain injury victims and their families. We provide compassionate, professional assistance to ensure you receive the justice and compensation you deserve.
We also recommend accessing support services such as:
- Headway Ireland, which offers neuro-rehabilitation and counselling services for ABI victims.
- Acquired Brain Injury Ireland, which helps individuals regain independence and improve their quality of life.
Why Choose Tiernan & Co. Solicitors?
- Decades of experience in medical negligence and personal injury claims.
- A client-focused approach, providing personalised advice and support.
- Proven track record of securing substantial settlements for our clients.
- Access to leading medical experts to strengthen your case.
