If you or a loved one has suffered a diffuse axonal injury because of an accident caused by somebody else, you may be eligible to make a diffuse axonal injury claim for compensation.
We’re here to help so you won’t have to deal with the claim on your own. Firstly, we’ll guide you through everything and review your options during a no-obligation consultation. Your advisor will give you free advice on what you could do next. Secondly, if your claim is viable, one of our personal injury solicitors could agree to represent you on a No Win No Fee basis. That means that you won’t risk any of your own money on advanced legal fees.
Please call 0800 6524 881 if you need help with your claim or read on for more on diffuse axonal injury compensation claims.
Table of contents
- What Is A Diffuse Axonal Injury?
- Am I Eligible To Make A Diffuse Axonal Injury Claim?
- Can I Claim Compensation For A DAI On Behalf Of Somebody Else?
- Common Causes Of A Diffuse Axonal Injury
- How Much Compensation For A Diffuse Axonal Injury?
- Evidence To Support A Diffuse Axonal Injury Claim
- Time Limits For Claiming Diffuse Axonal Injury Compensation
- Starting The Diffuse Axonal Injury Claims Process
Axons are fibres in the brain that connect the neurons (nerve cells) in the brain. Neurons are often found in the grey matter on the outer brain while axons are found inside the brain and make up the white matter.
When your brain is subjected to rotary shearing or significant acceleration-deceleration forces, the axons can be damaged and cause widespread bleeding throughout the brain. When brain cells die as a result of diffuse axonal injuries, the brain can swell. This will usually be treated by medication as surgery is not usually an option.
This is called a Diffuse Axonal Injury (DAI). This type of damage is not always easy to spot on MRI or CT scans.
Traumatic brain injuries can affect people differently and symptoms will depend on the part of the brain that’s been injured. Diffuse axonal injuries often cause the most serious complications seen with brain injuries and can be permanent.
Some of the most common symptoms include:
- Confusion or disorientation.
- Vomiting and nausea.
- Headaches, fatigue or drowsiness.
- Sleep problems.
- Balance problems including dizziness.
- Sleeping for longer than normal.
Severe DAI can be fatal or leave the injured party in a vegetative state. Less serious cases cannot be surgically treated but rehabilitation may be possible (with speech or physical therapy for example).
Generally, you could be eligible to claim compensation for a diffuse axonal injury if:
- A legal duty of care was owed to you by the defendant; and
- You had an accident because of the defendant’s negligence; and
- You sustained a diffuse axonal injury during the accident.
Your solicitor will manage everything for you if your claim is taken on but you could help by providing evidence to prove how and why your sustained your injuries. We’ll offer more advice on this later.
Unfortunately, many people who sustain serious brain injuries don’t recover and couldn’t possibly start a compensation claim themselves. For that reason, the law allows litigation friends to seek justice on behalf of somebody else.
Our solicitors can help you to apply to become a litigation friend. If approved, you’ll be able to control the claim as normal and make decisions on behalf of your loved one.
In a successful diffuse axonal compensation claim, the settlement amount will be checked by a court for fairness. Any funds paid by the defendant will be placed into a court account. The litigation friend can arrange for funds to be released to help with care costs, respite care and other necessary expenses.
We could also help you to claim if you lost a loved one because of a diffuse axonal injury. This could help you financially, especially if you were financially dependent on the deceased’s income. Please feel free to call us for more information.
Any accident or incident that leads to the brain being moved suddenly and violently could result in a diffuse axonal injury. Some of the most common include:
- Falling from a height at work.
- High-speed car accidents.
- Sporting incidents.
- Violent assaults.
- Shaken baby syndrome.
No matter what type of accident or incident caused the DAI, we could help you to claim for your suffering if somebody else is to blame.
As discussed, a DAI can have a huge impact on your life as well as that of your family. Therefore, any compensation claim should be carefully thought through to ensure a settlement is fair and should cover all of your needs. If you win a DAI claim, it may include damages to cover:
- The claimant’s physical pain, suffering and discomfort.
- Medical and rehabilitation costs.
- Making changes to your home to improve your quality of life if you’re left with any permanent brain injuries or disabilities.
- Loss of income including future losses for longer term injuries.
- The cost of professional care or the time somebody else looked after you.
- Loss of amenity (if hobbies or other activities are negatively impacted by your DAI).
- Travel expenses.
To try and ensure you receive all of the compensation you need both now and in the future, your solicitor will work hard to get a full understanding of the suffering caused by your diffuse axonal injury.
To get a full understanding of the extent of your physical and any resulting psychological injuries, you’ll need an independent medical assessment as part of the claims process which will be arranged by your solicitor.
- Very severe brain injuries £282,010 to £403,990.
- Moderately severe brain injuries £219,070 to £282,010.
- Moderate brain injury £43,060 to £219,070.
It’s important to note that there’s no guarantee that you’ll receive the figures listed if your claim is won as they are guideline figures only.
Generally, personal injury claims are made against insurance policies rather than the individual responsible for your DAI. As you might expect, insurers are usually reluctant to pay compensation unless they have no choice. Therefore, your solicitor will try to secure as much evidence as they can to prove why and how you were injured. This could include:
- Your medical records. This could include brain scans, test results and medical notes from the hospital where you received treatment.
- Accident reports. To help prove that the accident occurred, your solicitor may apply for copies of accident report forms or Health and Safety Executive (HSE) investigation reports.
- Photographs. Pictures taken at the scene of your accident could be submitted as evidence to help work out how the diffuse axonal injury occurred.
- Witness statements. If your accident was seen by others, they might be asked to provide a statement of what they saw.
- Video recordings. Footage from CCTV cameras, dashcams or mobile phones can make it a lot easier to prove what caused the accident and who was at fault.
If you’ve been left out of pocket from your DAI, you could send your solicitor evidence of this in the form of wage slips, bank statements and receipts. When you call for your free consultation about your diffuse axonal injury claim, please inform your advisor about any evidence you have already.
Generally, you’ll have 3 years to claim for a diffuse axonal injury. However, some exceptions apply:
- If the claimant lacks the mental capacity to claim, the time limit will begin if and when they regain their mental capacity.
- If the injured party is a child, the time limit will not start until their 18th
Where either scenario is true in your case, a responsible adult can seek compensation on behalf of the claimant.
To help ensure you don’t run out of time to begin your claim, we’d suggest starting the DAI claims process as soon as possible. This should mean there’s plenty of time for your solicitor to try and secure the evidence and medical documents needed to try and prove your case.
To check how long you have to start your claim, please get in touch with a member of our team.
If you or a loved one has suffered a diffuse axonal injury, please call our claims advisors to see if you could be eligible to make a claim. Simply call 0800 6524 881 and a member of our team will review your case for free.
You’re under no obligation to begin a claim after your free initial consultation but you will have a better understanding of your options. If your claim looks to be viable and you wish to claim, one of our personal injury solicitors might offer to work for you. If that happens, you’ll be represented on a No Win No Fee basis.
For further information about diffuse axonal injury claims, please feel free to contact one of our online advisors.