Minor brain injury - the unseen injury

01/07/2009

By Alex Drake, Associate and Dominique Parker, Associate in Personal Injury.

Sometimes it is obvious when someone has an acquired brain injury, for example they may be unable to walk. Other times it is not as clear cut.

Some effects of a brain injury can be evident instantaneously. For example a long period of unconsciousness, slurring of speech etc. This indicates to the A&E team that a brain injury needs to be investigated and if confirmed the individual is likely to be transferred to a specialist Neurology department for treatment.

But what about those whose injuries are not immediately apparent?

For example someone who was in a car accident, who is fully conscious when the ambulance crew arrive but thinks that they were knocked out briefly. They are complaining of neck and back pain. The ambulance crew and hospital staff focus on ruling out a spinal injury. If X-rays are clear they will be discharged, advised to rest and visit their GP if their symptoms do not settle down.

Unfortunately in the weeks and months following the accident they may struggle at work, find they cannot multi task, have frequent headaches, feel depressed or have difficulty sleeping. They are unlikely to relate any of this to the accident and may not consult their GP.

We regularly have clients who contact us to make a claim for personal injury for the physical injuries they have sustained in an accident. At the outset we need to ensure that we take a detailed history of the accident to ascertain the extent of the injuries sustained. It may be that they have just sustained a soft tissue injury to their neck which is painful at night and disturbing their sleep. However, if the client reports a combination of symptoms including poor sleep, headaches, difficulty concentrating etc, then it flags up to us that we need to investigate whether they have sustained a brain injury.

Complications can arise where symptoms that could be the result of minor brain damage are also symptoms of other psychological illnesses like depression and post traumatic stress disorder. Getting the right medical experts involved is paramount. We must ensure that we help the client understand what is the cause of their symptoms, whether that is an acquired brain injury or not, and whether there is any treatment available.

One of our biggest concerns is that minor brain injuries can be missed, not just by the NHS but also by personal injury lawyers who are unaware of the signs to look out for and the need to question clients in more detail when they say something in passing like "I haven't been sleeping well and have had a lot of headaches." We need to raise awareness of minor brain injury. Charities such as Headway are doing a fantastic job and we need to build on this.

Public awareness is not just for the benefit of those who are pursuing personal injury claims but for all those who suffer in silence not understanding the true cause of their symptoms.