Brain injury is one of the most serious forms of injury and often has profound, permanent effects. Claims for compensation are complicated and the amounts can be substantial.
Types of Brain Injury
| Type of Injury | Characteristics |
|---|---|
| Concussion | Mild, usually full recovery possible |
| Contusion | Moderate to severe, risk of permanent complaints |
| Diffuse axonal injury | Very severe, often permanent damage |
| Cerebral haemorrhage | Severe, requires immediate medical intervention |
Effects of Brain Injury
- Cognitive impairments (problems with memory and focus)
- Changes in behaviour (quickly irritated, impulsive)
- Extreme fatigue (both mental and physical)
- Persistent headaches
- Movement problems
- Difficulties with speech and language
Damage Components in Brain Injury
In cases of severe brain injury, the cost items are often extensive:
- Loss of earning capacity (sometimes complete)
- Continuous care and support for life
- Home adaptations
- Non-pecuniary loss (in the highest categories)
- Expenses for rehabilitation processes
Neuropsychological Analysis
A neuropsychological examination is crucial in brain injury cases:
- Identifying cognitive deficits
- Comparison with the pre-incident situation
- Prediction of future developments
Non-Pecuniary Loss in Severe Brain Injury
In severe brain injury, non-pecuniary loss 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 someone with brain injury file a claim independently?
In severe cases, a guardian or mentor may be appointed to represent the interests and file a claim on behalf of the victim.How is future damage determined?
>A forensic accountant calculates all future costs and loss of income, which is converted into a lump sum.Does the level of awareness affect non-pecuniary loss?
Yes, this can play a role. In extremely severe brain injury where the victim is not aware of the situation, the non-pecuniary loss may be lower, which often leads to discussion.Frequently Asked Questions about Brain Injury in Leiden
How do I determine if my brain injury is serious enough for a claim?
Severe brain injury manifests in permanent effects such as cognitive problems, behavioural changes or occupational disability. A medical expert and neuropsychologist can confirm this. If uncertain, a personal injury lawyer in Leiden can advise you. Milder injury, such as a concussion, rarely leads to high claims, unless there are complications.
Who pays my medical and rehabilitation costs after brain injury?
Your health insurer initially covers the costs. If the injury was caused by another party (e.g., in an accident), you can claim these from the responsible party or their insurer. Keep all receipts and reports. A lawyer in Leiden can help recover costs.
How long does it take to receive compensation?
A brain injury claim process can take 1 to 3 years, depending on the case. First, liability is established, followed by medical examination and damage calculation. In severe injury, an advance payment can be requested. Quick settlement is exceptional, as the impact often only becomes 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 insurer. This is intended for immediate expenses such as treatments or home adaptations. A lawyer in Leiden can assist with filing and negotiating the amount.
What if my claim is rejected by the insurer?
A rejection does not mean you have no right. You can object with additional evidence, such as medical reports or witness statements. A personal injury lawyer in Leiden can reassess the case and, if necessary, start court proceedings. In severe brain injury, legal assistance is often essential.
How is my loss of earning capacity calculated?
A labour expert compares your former and current earning capacity, taking into account education, experience and remaining capacities. In case of complete occupational disability, the total future income is often claimed, including pension and growth opportunities.
Court and Legal Aid in Leiden
For legal matters regarding brain injury, you can go to the Rechtbank Den Haag, Leiden location. For free legal advice, you can contact the Juridisch Loket Leiden, located at Stationsweg 46.