‘People with brain injuries must get the support they need – even without a claim’

While less people are making personal injury claims, specialist lawyers have reiterated the need to ensure people with brain injuries can access the support and therapy they need.

Statistics show that the number of claims dropped by 27 per cent last year, in comparison to 2019, continuing the year-on-year decline seen since 2013.

In the past seven years, says APIL, the level of claims made has fallen by a third.

While the figures from the past year can be attributed in part to the Government’s ‘stay at home’ message through the COVID-19 pandemic, the downward trend in claim numbers must be addressed, say APIL.

“We should all remember that even though the number of claims is falling, every single injury claim represents someone who has been harmed, or killed, when that injury or death could have and should have been avoided,” says APIL president Sam Elsby.

For specialist neuro lawyers, the concern remains that the implications of the so-called ‘compensation culture’ may be dissuading people with valid claims from coming forward.

Mark Hollinghurst, head of the brain injury and serious injury team at Switalskis Solicitors, says that while he does not believe that brain injury or catastrophic injury claims have dropped in line with overall statistics, the priority remains ensuring seriously injured people access the support they need.

“Is it because lessons are being learned, or is it because claimants are unaware of their rights or even being influenced not to claim?,” he says.

“I have seen in the press how certain publications produce a negative narrative around a so-called ‘compensation culture’ when in fact the drop in overall claim numbers shows the opposite, and this narrative in turn might persuade injured people not to pursue rightful claims or feel ashamed of doing so.

“Regardless of the speculation as to ‘why’ and ‘how’ people might be falling through the cracks of support, it is very important that those who practise clinically and therapeutically with patients who have sustained catastrophic injuries, and those lawyers who specialise in such claims, ensure a clear message is sent out that there is rehabilitation and support there.

“My first priority in claims is always to ensure my clients receive such rehabilitation and support.”

In instances where a claim may not be made, says Mark, there may still be additional support available – and it is vital support is sought to access this.

“Even where there isn’t a viable personal injury claim, that injured individual may have significant needs which should be met by the relevant NHS Clinical Commissioning Group and/or the local authority,” says Mark.

“Those who practise in catastrophic and brain injury claims will be aware that there are specialist Court of Protection lawyers who can bring challenges where appropriate in such Health and Welfare matters, where needs are not being met or where an individual’s placement is not appropriate, or where an individual is deprived of their deputy without appropriate authorisation.”

Many specialist law firms, including Switalskis, have in-house Court of Protection and Health and Welfare lawyers, who can increase the levels of support available.

“This provides a ‘wrap around’ team of specialities ensuring those seriously injured individuals get the help they need, with or without a compensation claim,” he adds.