Brain injury is one of the most serious forms of injury and often has lifelong consequences. Filing a damage claim is complicated and the compensations can be substantial.
Types of brain injury
| Type of injury | Characteristics |
|---|---|
| Concussion | Mild, usually full recovery |
| Brain contusion | Moderate to severe, chance of permanent complaints |
| Diffuse axonal injury | Severe, often permanent damage |
| Brain hemorrhage | Very serious, immediate medical assistance required |
Impact of brain injury
- Cognitive limitations (such as memory or focus)
- Changes in behavior (such as irritability or impulsive actions)
- Chronic fatigue (both mental and physical)
- Persistent headaches
- Problems with motor skills
- Difficulties with speaking or language
Damage compensations for brain injury
In cases of severe brain injury, the cost items are often extensive:
- Loss of earning capacity (sometimes complete)
- Long-term care and support
- Home adaptations
- Pain and suffering compensation (often in the highest category)
- Expenses for rehabilitation processes
Importance of neuropsychological assessment
For brain injury, a neuropsychological assessment is crucial:
- Establishing mental limitations
- A comparison with the situation before the incident
- A prognosis for future developments
Pain and suffering compensation for severe brain injury
Pain and suffering compensation for severe brain injury can amount to €200,000 or higher, depending on:
- The degree of limitations
- The awareness of one's own situation
- The impact on daily functioning
Can someone with brain injury file a claim independently?
In cases of severe injury, a guardian or mentor is often appointed to represent the victim's interests and file a claim on their behalf.How is future damage determined?
A forensic accountant calculates all future costs and loss of income, which is converted into a lump sum amount.Does the level of consciousness play a role in pain and suffering compensation?
Yes, this can have an influence. In cases of extremely severe brain injury where the victim is not aware of their situation, the pain and suffering compensation may be lower. This remains, however, a controversial topic.Frequently asked questions about brain injury in Utrecht
How do I determine if my brain injury is serious enough for a claim?
Severe brain injury manifests in permanent problems such as mental limitations, behavioral changes, or occupational disability. A medical expert and neuropsychologist can confirm this. If uncertain, you can contact a personal injury lawyer in Utrecht for advice on your situation.
Who covers my medical costs and rehabilitation?
Your health insurer initially pays the costs. If the injury was caused by another party, for example in an accident, you can recover these costs from the responsible party or their insurer. Keep all receipts and documents. A lawyer in Utrecht can help ensure you do not bear the costs yourself.
How long does a damage claim for brain injury take?
A claim can take 1 to 3 years, depending on the case. First, liability is determined, followed by medical examination and damage calculation. In severe injury cases, an advance payment is possible. Quick settlement is rarely feasible, as the consequences sometimes only become fully clear after a long time.
Can I get an advance on my compensation?
Yes, if liability is largely established, you can request an advance from the opposing party's insurer. This can help with immediate expenses such as treatments or home adaptations. A Utrecht personal injury lawyer can assist with the application and negotiation of the amount of this advance.
What if my claim is rejected?
A rejection does not mean you have no rights. You can file an objection with additional evidence, such as medical records or witness statements. A lawyer can review the case again and, if necessary, initiate legal proceedings. In cases of severe brain injury, legal assistance is often essential.
How is my loss of income calculated?
A labor expert compares your former and current earning capacity, taking into account your background, experience, and remaining possibilities. In cases of complete occupational disability, the total future income is often claimed, including missed career opportunities and pension.
Legal assistance in Utrecht
For legal assistance with brain injury claims in Utrecht, you can go to:
- District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht, Catharijnesingel 55, Utrecht