If you’re reading this, you might be dealing with the aftermath of a head injury – either personally or supporting someone who is. Cognitive impairment following trauma can be life-altering, affecting memory, concentration, mood and everyday tasks.
When these challenges stem from an accident that wasn’t your fault, pursuing cognitive impairment after head injury compensation can be a crucial step towards recovery. At Injury Lawyers 4u, we specialise in brain and neurological injury claims, offering expert guidance to help you navigate this complex process.
What is cognitive impairment?
Cognitive impairment refers to difficulties with mental abilities such as memory, attention, problem-solving and language. After a traumatic brain injury (TBI), you may experience:
- Short-term or long-term memory loss
- Difficulty concentrating or processing information
- Mood swings or personality changes
- Challenges with planning and decision-making
The severity of cognitive impairment can vary:
- Mild — Subtle issues that may affect daily tasks but often improve over time.
- Moderate — More noticeable difficulties that can impact work and social interactions.
- Severe — Significant impairments requiring ongoing support and potentially leading to loss of independence.
Understanding the full extent of your impairment is key to making sure you get the right compensation and the support you need to move forward.
Common causes of cognitive impairment
Cognitive impairments can result from various incidents, particularly when the brain is subjected to trauma. Some common scenarios include:
Road traffic accidents
Road traffic accidents involving cars, motorcycles, bicycles or pedestrians can lead to head injuries, even if the impact initially seems minor. Symptoms may develop days or even weeks later, which is why it’s so important to get a medical check after any accident.
Workplace injuries
Jobs in construction, manufacturing or other high-risk industries may expose workers to hazards like falling objects or machinery accidents. Employers have a duty to ensure safety and failure to do so can result in serious injuries and potential claims.
Slips, trips and falls
Uneven surfaces, wet floors or poorly maintained areas can cause slips, trips and falls, leading to head trauma. Things like this are common in public places or workplaces, and property owners may be held liable for negligence.
Medical negligence
Errors during medical procedures, misdiagnoses or delayed treatments can cause or exacerbate brain injuries. If a healthcare provider’s negligence leads to cognitive impairment, you may have grounds for a claim.
Every case is unique, and establishing the cause is a critical step in the claims process.
Proving cognitive impairment in a claim
To pursue a cognitive impairment after head injury compensation claim, you need to establish:
- Event of injury — There was an incident that caused a head injury, such as an accident, fall or medical error.
- Resulting impairment — The injury led to cognitive issues affecting your daily life.
- Impact on life — The impairment has had a measurable effect on your work, relationships or independence.
- Negligence — Another party’s negligence contributed to the injury.
Gathering medical records, expert assessments and witness statements can strengthen your personal injury brain function decline case. In the UK, you typically have three years from the date of injury or diagnosis to make a claim. There are some exceptions though, especially if the injured person lacks mental capacity.
What can you claim for?
If you’re looking to claim neurological damage compensation, UK law split damages into two categories:
General damages
This covers pain, suffering and loss of enjoyment of life. You can check your general damages quickly by using our helpful compensation calculator.
Special damages
This covers potential financial losses like:
- Lost earnings and future earning capacity
- Medical and rehabilitation expenses
- Care and assistance costs
- Travel expenses related to treatment
- Home modifications or mobility aids
In cases of chronic conditions like post-concussion syndrome (PCS) or ongoing seizures, future losses and long-term care needs are also considered.
Real-life case study
Emma, a 35-year-old teacher, slipped on an unmarked wet floor in a shopping centre, hitting her head. Initially, she experienced mild headaches and dizziness, which she attributed to stress. Over time, she noticed memory lapses and difficulty concentrating, affecting her teaching performance. A neurologist diagnosed her with PCS.
Emma contacted Injury Lawyers 4u. Our team helped her gather medical evidence and witness statements. We secured compensation covering her lost income during recovery, therapy costs, and funds for ongoing support.
How Injury Lawyers 4u can help
Navigating brain and neurological injury claims can be daunting, but you don’t have to do it alone. Our experienced brain and nerve injury solicitors work closely with medical experts, barristers, and care specialists to build a strong case on your behalf.
We offer a no-win, no-fee arrangement, meaning you won’t pay legal fees unless your claim is successful. Our approach is compassionate and client-focused, ensuring you receive the support and compensation you deserve.
If you’re ready to talk, our team is here to help guide you through how we can help with a cognitive impairment after head injury compensation claim. Get in touch today.
Frequently asked questions
How do I know if I have cognitive impairment after a head injury?
Cognitive impairment can present subtly or suddenly. If you notice memory issues, trouble focusing, slower thinking or emotional changes after a head injury, it may be a sign. A medical professional can assess your symptoms, run tests and help determine whether you have a cognitive impairment linked to your injury.
What symptoms should I look for if I suspect cognitive impairment from a head injury?
Cognitive issues can be hard to spot at first, but they often become more noticeable as you try to return to daily life. After a head injury, be alert to changes in how you think, feel or behave. Common symptoms include:
- Memory loss
- Difficulty focusing
- Mood swings
- Disorientation
- Language difficulties
Symptoms like this can disrupt work, relationships and everyday tasks. If you notice any of the above, it’s a good idea to get a medical assessment. Early diagnosis can help you access the right support and start a claim if appropriate.
Can cognitive impairment be temporary or is it permanent?
Whether or not your cognitive impairment is temporary or is it permanent will depend on the severity of your head injury and how quickly treatment begins. Some people experience short-term symptoms that improve with rest and rehabilitation, while others face long-lasting or even permanent effects. A medical assessment can help determine the likely outcome and guide your recovery plan.
Will I need to undergo a medical examination for my compensation claim?
A medical examination is a key part of the claims process. It helps establish a clear link between your head injury and cognitive symptoms. Reports from GPs, neurologists or neuropsychologists provide the evidence needed to support your case and ensure your compensation reflects the true impact.
Can I make a claim on behalf of a family member with cognitive impairment?
If your loved one can’t manage their legal affairs due to cognitive impairment, you can apply to act as their litigation friend. This means you’ll handle the claim on their behalf, making decisions in their best interests and ensuring they get the support and compensation they deserve.
How does a ‘no win, no fee’ arrangement work in a head injury compensation claim?
A no-win, no-fee agreement means you won’t pay anything upfront or during the claims process. If your case is successful, your solicitor’s fees will be deducted from your compensation. If the claim doesn’t succeed, you won’t owe anything, making legal support risk-free and accessible.
What should I do if I think I have cognitive impairment after a head injury?
Start by seeing your GP or a specialist to get a proper diagnosis. Keep a record of any symptoms or difficulties you experience. Once you’ve sought medical advice, contact Injury Lawyers 4u. Our team offers free consultations to help you understand your rights and next steps.
For more information on neurological injury claims, get in touch with us today.