Brain injury is one of the most serious forms of injury and often has profound, permanent consequences. Filing damage claims is complex and the compensations can amount to significant sums.
Types of Brain Injury
| Category | Characteristics |
|---|---|
| Concussion | Mild, full recovery usually possible |
| Contusion | Moderate to severe, risk of permanent complaints |
| Diffuse axonal injury | Severe, often irreversible damage |
| Cerebral haemorrhage | Very serious, immediate medical intervention required |
Impact of Brain Injury
- Problems with cognition (thinking ability, focus)
- Changes in behaviour (quickly irritated, impulsive)
- Extreme fatigue (both mental and physical)
- Persistent headaches
- Limitations in motor skills
- Problems with speaking or language
Damage Components in Brain Injury
In cases of severe brain injury, the cost items are extensive:
- Loss of earning capacity (often total)
- Continuous care and support for life
- Home adaptations
- Non-pecuniary damages (highest scale)
- Expenditures for rehabilitation processes
Importance of Neuropsychological Tests
Neuropsychological examination is crucial in brain injury cases:
- Determining mental limitations
- Comparison with the pre-incident situation
- Predictions about future recovery
Non-Pecuniary Damages for Brain Injury
In cases of severe brain injury, non-pecuniary damages can amount to €200,000 or higher, depending on:
- The severity of the limitations
- The awareness of one's own situation
- The impact on daily functioning
Can a victim with brain injury file a claim themselves?
In cases of severe brain injury, a curator or mentor may be appointed to represent the interests. This person can file a claim on behalf of the victim.How is future damage determined?
>A forensic accountant calculates all future expenses and loss of income. This is converted into a single lump-sum payment.Does the level of consciousness play a role in non-pecuniary damages?
Yes, this can have an influence. In cases of extreme brain injury where the victim is not aware of their situation, the non-pecuniary damages may be lower. This remains a controversial topic.Frequently Asked Questions about Brain Injury in Westland
How do I determine if my brain injury is sufficiently severe for a claim?
Severe brain injury manifests in permanent limitations such as mental decline, behavioural problems or occupational disability. A medical expert and neuropsychologist can confirm this. If uncertain, contact a personal injury lawyer in Westland for advice. Minor injury such as a concussion rarely leads to high claims, unless complications arise.
Who covers the costs for medical care and rehabilitation?
Your health insurer initially pays the costs. If the injury was caused by another party (e.g., in an accident), you can recover these costs from the liable party or their insurer. Keep all receipts and documents. A lawyer can help ensure you do not bear the costs yourself.
What is the duration of a damage claim process?
A claim for brain injury can take 1 to 3 years, depending on the case. First, liability is determined, followed by medical examination and damage assessment. In severe cases, an advance payment can be requested. Quick settlement is uncommon, as the consequences often only become fully clear after a long time.
Is an advance on the compensation possible?
Yes, if liability is largely established, you can request an advance from the opponent's insurer. This can cover immediate costs such as treatments or home adaptations. A personal injury lawyer in Westland can assist with the application and negotiation of the amount.
What if my claim is rejected by the insurer?
A rejection does not mean you have no right to compensation. You can lodge an objection with additional evidence such as medical reports or witness statements. A lawyer can reassess the case and, if necessary, initiate legal proceedings. In cases of severe brain injury, legal assistance is often essential.
How is my loss of earnings calculated?
A labour expert compares your former and current earning capacity, taking into account education, experience and remaining possibilities. In cases of total occupational disability, the total future income can be claimed, including pension loss and missed career opportunities.
District Court and Legal Aid in Westland
For cases involving brain injury, Westland falls under the District Court of The Hague. For legal advice, you can go to the Juridisch Loket Westland.