Question 1

What types of head injuries can I claim for?

Accepted Answer

Our dedicated team of experts are capable of helping people who have suffered acquired brain injuries (‘ABI’), including:

Traumatic brain injuries (‘TBI’)

Diffuse axonal injuries

Post concussive disorders

Hypoxic brain injuries

Cognitive disorders

Question 2

What are common symptoms of acquired brain injuries?

Accepted Answer

Symptoms vary for person to person but may include some of the following symptoms, among a variety of others:

Loss of consciousness

A period of amnesia

An altered Glasgow Coma Scale (‘GCS’)

A period of Post Traumatic Amnesia (‘TPA’)

Dizziness and problems with balance

Spasticity or mobility issues

Nausea

Fatigue

Memory loss

Difficulty concentrating

Cognitive deficits

Difficulty planning or co-ordinating tasks

Difficulty multi-tasking

Changes in personality or mood swings

Irritability, or a ‘short fuse’

Headaches

Difficulties managing your money

Word finding/selection difficulties

Reduced sense of smell, taste

Vision difficulties

Hearing difficulties

Question 3

How do I bring a claim?

Accepted Answer

If someone has caused the accident which has given you an acquired brain injury, either on the roads, at work or in an incident at a property, then our dedicated team can assist you in explaining your legal options.

Shine Lawyers understands that the path to recovery for a brain injury caused by trauma is unique to each of our clients. We will work with you to gain access to rehabilitation, support networks and medical attention within the course of your claim, so that we can assist you in planning for your future both financially and medically.

On an average, acquired brain injuries stabilize within approximately 24 months. We will wait for your injury to reach stabilization and ‘maximum medical improvement’ to ensure that your future expenses are fully taken care of an account for your ongoing situation.

Each State and Territory has different legal principles and legislation that influences how we approach and present your claim. Time limits often apply when bringing a claim for compensation so it is generally recommended that you, or a loved one on your behalf, contact a legal advisor with expertise in acquired brain injury as soon as possible after your accident to understand your options and avoid being barred from bringing a claim.

Question 4

Will rehabilitation be covered by a compensation claim?

Accepted Answer

In some circumstances, an insurance company may be required to cover your reasonable rehabilitation costs throughout the course of your claim. The challenges you face after sustaining an acquired brain injury are multi-faceted, and for this reason, you will often require a multidisciplinary approach to treatment. It’s important that you are advocated for throughout the rehabilitation process, to ensure that the treatment you receive is tailored to meet your needs.

Depending on your symptoms and the challenges you face, you may require a case manager, to facilitate and organise your rehabilitation for you. In other circumstances, you may require home modifications, to allow you to return home safely. Your priorities and needs are unique, and we make it our job to understand, so that we can ensure you are able move on with your life.

Question 5

Who manages my claim?

Accepted Answer

At Shine we have a specialist team dedicated to working with clients that suffer from an acquired brain injury (ABI) suffered through the negligence of someone else. We appreciate that the challenges that clients suffering from brain injuries face are unique and complex so we take every effort to provide our clients with the support and advice that caters to their injury.

We know that brain injuries are hard to live with, hard to explain and difficult to manage. We are experienced in handling issues of legal and financial capacity, rehabilitation and complex injuries. Our solicitors handle a small case load to ensure that all our brain injured clients are afforded the individualised attention that they need and we operate on a No Win No Fee basis.

As a team we seek to learn from the best, so that we can give our clients the best service possible.  We invest time into training and work alongside organisations that help to rehabilitate those with ABIs such as ‘Synapse’ and ‘Brain Injuries Australia’ to ensure our clients can access the rehabilitation they need. We are always seeking to further relationships with those providing care on the front line to ensure we stay well-informed on any advancements from the medical community.

A brain injury claim is not a short process. It takes a long time for a brain injury to stabilise enough for an assessment to take place and even longer for a settlement to be reached.  We understand that our clients are in for a long haul, and we make it our job to be there every step of the way.

Question 6

What are some case examples?

Accepted Answer

Traumatic brain injuries are fundamentally life-altering events. We have recently helped a client who was on a morning walk, when a driver under the influence of drugs left the road and collided with him on the footpath. When the ambulance arrived, he had a Glasgow Coma Scale of 4, quickly dropping to 3. He had sustained a severe traumatic brain injury, and experienced 72 days of Post Traumatic Amnesia. Permanent cognitive deficits and memory problems resulted, to the extent that he was rendered unable to work in any capacity. We were able to return some independence, offering financial stability, and the ongoing ability to provide for his family.

When you have suffered a traumatic brain injury, your needs are unique – and we take the time to understand them. We have recently helped a client who was critically injured in a motor vehicle accident. He sustained severe traumatic brain damage, and at the age of 27 would require full nursing care for the rest of his life. Despite having a family willing to do anything for their son, the insurer of the defendant driver’s vehicle insisted on placing our client in an old aged care facility. We fought for his family home to be appropriately modified as part of rehabilitation, so that he could return to live with his loving family.

Question 7

What will my compensation cover?

Accepted Answer

Following a serious injury, a high level of ongoing care, rehabilitation and support may be necessary to help you or your loved one, including the following:

Ongoing medical and hospital expenses

Loss of earnings both now and in the future

Pain and suffering

Loss of enjoyment of life

Home and yard modification and maintenance

Case management

The cost of special equipment including insurance and maintenance costs

Special vehicle or vehicle modification costs

Technical equipment which may assist with memory

Equipment to help with visual or hearing difficulties

Paid nursing, respite or support worker care

Costs for maintaining your rehabilitation e.g. hoists, gym equipment

Treatment for sexual dysfunction

Medical supplies and pharmaceutical expenses

Psychological and psychiatric support

Costs associated with managing your compensation

Additional costs associated with future travel

Reimbursement for out of pocket expenses

Question 8

How much can I claim?

Accepted Answer

The amount of compensation you can claim will depend on:

The seriousness of your injuries

Your age

The impact on your ability to earn an income

Your care requirements

Your requirement for ongoing treatment

Question 9

Who will pay my compensation if I take legal action?

Accepted Answer

In most cases, the person or business at fault will have a policy of insurance which will cover your compensation payout. We will investigate this on your behalf and explain further when you meet with us.

Question 10

How long will it take?

Accepted Answer

After an accident it’s important that your injuries are afforded the time and rehabilitation required to stabilise before the ongoing impact they will have on your life is accurately assessed.

We’ll devote the time that is needed to investigate your serious injury claim thoroughly, in order get the right amount of compensation. We understand that everybody’s case is different and we’ll work with you to achieve the outcome that you need.

Question 11

Are there time limits?

Accepted Answer

Yes, but these vary from state to state and depend on the type of claim you are pursuing. It is important to seek immediate legal advice to ensure that you do not miss the limitation period and are forever barred from bringing a claim.

Question 12

Where are Shine Lawyers located?

Accepted Answer

Shine Lawyers have offices in the following locations.

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