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Brain injury: the hidden impact of isolation
Kirsty Allen
A brain injury can change a person's life in an instant and the consequences can extend far beyond the physical. One of the most profound, and often overlooked, effects is isolation. The withdrawal from relationships, community - everyday life.
As a specialist lawyer acting for those injured in medical and other types of accidents, I am well aware of the impact that isolation has upon injured people and their families. It is an issue I am often seeking to tackle in order that my clients can reconnect with the world around them. Getting the right support in place as soon as possible is the key aim.
Brain injuries can have many symptoms beyond physical disabilities that can lead to isolation. They make it difficult to take part in activities or to work and maintain relationships. Symptoms can include communication difficulties, personality and behaviour changes, memory loss, impaired judgment, reduced confidence and fatigue.
The charity Headway has undertaken research suggesting that more than 70% of brain injury survivors have seen deterioration in their social life. This social isolation is in turn associated with conditions including depression and anxiety.
When bringing a legal claim for compensation the basic premise is that an award of damages should put the injured person, so far as possible, back in the position they would have been in had they not been injured. An important element of this relates to grappling with issues around isolation. My aim for every client is to get the very best package of compensation possible and to ensure they have what they need for the future.
It is important at the early stages of a case to obtain a clear picture of the injured person’s family circumstances, their social interactions, those activities that they enjoyed before their accident and what challenges they are now facing. Early recognition of what is needed to help clients rebuild their lives is vital. Independent expert evidence may be required to give specialist advice as to their particular needs. These could include the need for adapted sports equipment and care requirements, including those while on holiday.
Where previous activities are no longer possible, I will always consider what alternative activities my clients might now be able to enjoy. Once this has been established, we can look at the extent to which we can build into their claim the costs that would be required.
For some clients, a key step will be setting up a care regime and the instruction of a case manager. The role of a case manager in improving issues around isolation can be extremely significant. They will be able to consider the individual’s circumstances and family dynamics, seek out support options, coordinate therapies and other opportunities and advocate for clients. This may extend to finding suitable peer support networks and exploring options in the community such as volunteering. Finding the right case manager is key, and we will help our clients shortlist case managers, and explain their long-term objectives.
Where issues related to depression and anxiety have resulted from an injury then treatment for these will often be able to be included within the claim for compensation.
Another matter of which I am acutely aware is that a brain injury affects not only the survivor but also their entire family. It is therefore imperative to be aware of the wider impact on family members. This is particularly relevant where they are providing care and where they may have had to reduce or give up their own working roles. These elements must be considered and appropriately included in the financial claim to enable the family members to return to their role of spouse, parent, child or sibling rather than carer.
A big challenge can be the time that legal claims take to conclude in both medical negligence and personal injury cases. These cases can sometimes take several years leaving clients in a difficult position. They must wait a significant time before getting compensation. In such cases the issue of isolation can be very problematic.
We fight hard to obtain interim payments of damages wherever possible – a sum in advance before a case has finished. This can be a significant amount but usually is only possible where the case is at a stage where liability has been accepted. An interim payment may be used to fund medical treatments or pay for new or adapted accommodation. These payments may also be used to employ a case manager or to otherwise help clients to start accessing activities in order to socialise.
From my many years of working with seriously injured clients, it has become very clear to me that interim payments help ward off the threat of social isolation becoming entrenched during the legal process. They can make a huge difference in rebuilding lives. Find out more here.
Finally, it is important to recognise that pursuing a legal claim while managing the daily challenges of life after brain injury can be overwhelming. At Kingsley Napley, as specialist negligence solicitors, we provide compassionate, sensitive support throughout the case, ensuring that the process is as manageable as possible for the client.
More information about our brain injury claims work is available here.
About the author
Kirsty is a highly experienced medical negligence solicitor who undertakes a wide variety of cases with particular specialisms in child cerebral palsy and adult brain injury cases, fatal claims, loss of sight cases, as well as failure to diagnose cancer and gynaecological claims.
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