A car accident can change your life in a second, and one of the most serious possible outcomes of a crash is a traumatic brain injury (TBI). A TBI happens when a sudden physical force damages the brain, such as if the head hits the steering wheel, window, or dashboard in a motor vehicle crash. It can also happen if the head moves back and forth quickly, causing the brain to shake inside the skull.

A TBI can disrupt normal brain function, and even a mild traumatic brain injury can affect how you think, move, and feel, while more serious injuries can permanently affect your life and mental capacity. If you or a loved one has suffered a brain injury, you could be facing a long recovery, or permanent changes to your life.

In these cases, compensation can make a significant difference, and it's often available if your injury happened due to a car accident that wasn't your fault. Compensation can play a vital role in enabling you to move forward, by providing financial support for medical treatment, rehabilitation, and long-term care, as well as lost earnings.

At Switalskis, we specialise in pursuing compensation for those who have been injured in car accidents to maximise their recoveries and adjust to new circumstances. Compensation in every case is tailored to your specific injury and how it has affected your life, so there are many factors that we need to take into account. Here, our experienced car accident solicitors explain what you can claim for, how damages are calculated and the role compensation can play in your recovery from a TBI.

How is compensation calculated?

Compensation for a traumatic brain injury following a car accident is calculated by assessing both the effect the injury has had on the person’s life, and any financial losses or support needs caused by the injury. The calculation is individual in each case, and takes into account the specifics of your injury and how it has affected your life.

Compensation is split into two elements: general damages, and special damages. General damages compensate for the injury itself, including pain, suffering and loss of amenity. For a TBI, the assessment may consider the severity and type of brain damage, any changes in behaviour, mood or personality, and the effects on work, education, social life and the person's ability to live independently.

Special damages aim to cover costs and losses incurred as a result of the accident. This can include:

• lost earnings and pension
• private treatment and rehabilitation
• prescription and travel expenses
• specialist equipment or adaptations to the home
• paid care, or care provided without charge by relatives

These losses should be supported by wage records, receipts, invoices, bank statements and evidence from carers or family members. Your solicitor will work to understand the exact impact of your injuries in full, and claim the maximum amount of compensation to support you.

The types of traumatic brain injury after a car accident

There are many ways a brain injury can happen during a car accident. At Switalskis, we work with medical experts to find out the exact nature of your head injury, which is an important step in securing the exact amount of compensation you need.

Concussions

Concussions are a common type of mild TBI. They often happen in road traffic accidents where the head is shaken or hit. While they are sometimes classified as "minor," a concussion can still affect your brain function for a long time and is essentially a mild TBI that still needs careful monitoring.

Diffuse axonal injury

A diffuse axonal injury happens when the brain’s long, connecting nerve fibres tear. This usually happens when the brain bounces, rotates or shifts quickly inside the skull during a car crash. It often causes widespread damage to brain tissue and can lead to a coma in the most serious cases.

Haematomas and blood clots

A haematoma is a collection of blood outside the blood vessels. After a car accident, blood clots can form in or around the brain that put pressure on the brain, which can be life-threatening. Doctors often need to perform surgery to relieve pressure inside the skull and address the bleeding immediately to prevent what is called brain death.

Contusions

Contusions are bruises on the brain. They may happen when the brain hits the inside of the skull during a motor vehicle crash. If the brain bruising is severe, it can lead to swelling and further brain damage.

Skull fractures

A blunt TBI can cause the skull to break. Skull fractures can be serious if pieces of bone cut into the brain or cause bleeding from damaged blood vessels. If parts of the skull enter the brain, this is called a penetrating TBI and must be treated with extreme care.

What are the most common TBI symptoms?

The compensation you'll receive for a TBI doesn't only depend on the underlying injury, but the symptoms you experience and the pain and suffering they cause. While the most severe injuries can lead to serious physical, cognitive and behavioural symptoms, even relatively minor accidents can result in serious pain, headaches, dizziness, mood swings, concentration problems, or difficulties with communication.

The nature of your symptoms can also indicate the severity of the underlying injury. More severe injuries will typically result in more compensation, and values are based on the Judicial College Guidelines, which provide compensation brackets for different types of injuries.

Mild TBI symptoms

A mild injury can be disruptive, even though the injured person will often make a full recovery. You might notice:

• headaches or dizziness
• feeling disoriented
• memory problems
• mood swings
• sensitivity to smell or taste changes
• concentration problems and mood issues

These mild TBI signs are often overlooked but can lead to long-term problems if ignored.

Severe TBI symptoms

A severe TBI often has more obvious signs, which may include

• slurred speech
• seizures
• clear fluid draining from the nose or ears
• a coma or inability to wake up from sleep
• weakness in the limbs
• other unusual behaviour or agitation

If you notice any of these symptoms, you must seek immediate medical attention. In either case, speaking to a doctor will create medical evidence that supports a claim, but it can also enable you to secure the treatment you need to maximise your recovery.

Even if you feel fine, you should see a doctor for a neurological examination  or CT scan, with which they can look for internal bleeding or brain bruising. Early medical help and prompt diagnosis can prevent new or worsening symptoms and improve your chances of recovery.

What if a brain injury affects normal brain function permanently?

When brain cells are damaged, this can result in permanent effects on the nervous system, including neurological disorders affecting movement and sensation. Secondary injuries can also develop, which include swelling, fluid build-up, and changes in blood flow to the brain. These can cause your condition to worsen if they are not treated quickly.

Long-term effects may include:

• cognitive challenges such as memory loss, problems with concentration and attention, and difficulties with organisation. 
• physical disabilities, such as limb weakness, sexual dysfunction, hearing or eyesight issues, imbalance, increased risk of epilepsy, and fatigue  
• behavioural and emotional challenges such as irritability and difficulties controlling temper

This is why securing compensation is important, as it will address both your current and future needs, and enable you to maximise your quality of life following a brain injury that has permanent consequences. A medical, rehabilitation and care expert will assess what you are likely to need in the future due to a severe traumatic brain injury, and make sure your compensation covers any associated costs.

How compensation can help your recovery

Compensation is not only designed to address pain and suffering that was caused by someone else, or the financial losses associated with an accident, but to give you the best possible quality of life after a brain injury. At Switalskis, our expertise means that we know how to evaluate every way that the injury affects you. Whether you have a mild, moderate, or severe TBI, we can fight for your needs.

Compensation will support you in the following ways:

Paying for medical treatment

The cost of treating a TBI can be high. Many patients need long-term medication for seizures or emotional changes, and physiotherapy or other treatments that are not available on the NHS. Compensation covers these costs, and can give you access to the best specialists in neurological disorders.

Rehabilitation services

Recovery often involves different types of therapy. These can include physiotherapy, occupational therapy, speech and language therapy, neuropsychology and neuropsychiatry, all co-ordinated by a specialist brain injury case manager. In very severe cases with physical and mobility issues, this may also include assistive technology, transport and accommodation specialists.

Loss of earnings

A brain injury often means you cannot return to work, or that you cannot perform the same job. Compensation can cover the wages you’ve lost and the money you would’ve earned in the future.

Care and support

If the injured person needs help with daily tasks, compensation can pay for professional carers. This is especially important for those in a minimally conscious state who need 24-hour care, but even if you remain relatively independent, a degree of care can take the pressure off family members and make sure you get the right support.

Home adaptations

You may need to change your home to make it more accessible - for example, by installing ramps, widening doors, or adding specialised equipment. Compensation will cover these costs to ensure you can live comfortably in your own home.

How will a brain injury lawyer maximise my compensation?

At Switalskis, our brain injury team is dedicated to helping people who’ve suffered a TBI after a car accident. With a strong track record of success in these claims, our brain injury lawyers understand the long-term impact that brain injuries can have. Our ongoing relationships with independent experts means that we can evaluate exactly how the injury has impacted your life and determine what you need for the future.

With the right approach, compensation can provide the foundation for your new life. It can pay for the best medical care, the most effective rehabilitation, and the support you need to be as independent as possible. We’re committed to achieving the best outcome for you and your family.

If you or a loved one has suffered a TBI after a car accident, contact Switalskis today. Call us on 0800 1380 458 or get in touch via the form on our site.