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Brain Injury Compensation Claims

Traumatic brain injuries often occur as a result of a severe sports injury, fall or car accident.  Traumatic brain injury (T.B.I.) is also known as an inter-cranial injury, which occurs when an external source injures the brain.

T.B.I. can result in physical, cognitive, social, emotional and behavioural symptoms and the outcome from such an injury can range from a complete recovery to permanent disability.

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Traumatic brain injuries can have a devastating impact

Treating traumatic brain injuries is difficult and may involve surgery, medications, physical therapy, speech therapy, occupational therapy and counselling. Traumatic brain injuries can have a devastating impact on lifestyle and prevent a person’s ability to work.

Since car accidents are a major cause of brain injury, it is important to understand your rights to compensation following such an injury.

If you sustain an injury in a car accident, you are entitled to claim brain injury compensation under the Motor Accidents Compensation Act in NSW. This Act allows for an injured person to receive upfront payment of medical expenses and subsequently a claim can be made for pain and suffering, future medical treatment, past and future loss of income and care and assistance required because of the injury.

Since 1 October 2007, the Lifetime Care & Support Scheme was introduced in NSW to assist people who have sustained traumatic brain injury because of car accidents. The Lifetime Care & Support Scheme pays for all medical treatment, care and assistance needed following such an injury.

What Sort Of Injuries Are Classified As Brain injuries?

A Traumatic Brain Injury (T.B.I) is a disruption in the normal function of the brain that can be caused by a blow, bump or jolt to the head, the head suddenly and violently hitting an object or when an object pierces the skull and enters brain tissue. Observing one of the following clinical signs constitutes alteration in the normal brain function:

  • Loss of or decreased consciousness
  • Loss of memory for events before or after the event (amnesia)
  • Focal neurological deficits such as muscle weakness, loss of vision, change in speech
  • Alteration in mental state such as disorientation, slow thinking or difficulty concentrating

Symptoms of a T.B.I can be mild, moderate, or severe, depending on the extent of damage to the brain. Mild cases may result in a brief change in mental state or consciousness. Severe cases may result in extended periods of unconsciousness, coma, or even death.

Who Will Pay My Brain Injury Compensation If I Take Legal Action?

The party responsible for the negligence which resulted in the brain injury will pay the compensation, most people or businesses are usually insured, and it will be the insurance company paying for the compensation.

What Can I Claim Brain Injury Compensation For?

Depending on how serious the injury, and whether the injury was sustained at work, in a motor vehicle accident or in a public place, your claim for compensation may include; loss of income, pain and suffering, loss of enjoyment of life, medical expenses and the costs of care and assistance.

How Long Will A Brain Injury Claim Take?

There is no set or average time you can expect a brain injury claim to take. These claims are usually complicated due to both legal factors and medical matters.

It is important to seek out legal advice as soon as possible after a brain injury because there are time limits when applying for compensation.

Due to the nature of brain injuries, it is important to understand the full extent of the injury, if and when it will stabilise.  Your legal team then need to calculate the current and future impact of the injury to understand the full value of the case.

Are There Time Limits When It Comes To Making A Brain Injury Claim?

If you are making a claim for workers compensation, it is necessary to lodge the claim within six (6) months of the date that the injury occurred. In the case of death, within six months after the date of death.

In the case of motor vehicle accident injuries, a claim must be made within 28 days after the accident occurred.

If it is a personal injury matter, the claim can be made within 3 years of the date the negligence occurred.

If you or a loved one has sustained a traumatic brain injury, please do not hesitate to contact us as follows for help with compensation:

  1. Complete our FREE case assessment form HERE
  2. Email us at info@garlingandco.com.au
  3. Give us a call on (02) 8329 9500

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk by phone and email. Please contact our experienced accredited specialist personal injury lawyers to find out how we can help.

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Anthony T.
00:50 16 Apr 24
Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.
Mikaele N.
03:01 15 Apr 24
Garling &Co Lawyers were awesome, I called every compensation law firm and was told that I couldn't claim for compensation.The whole experience and process was simple and stress free.Mr Matthew... Garling and Allison deserve an accolades for the very best in client service. I would highly recommend their service to anyone.read more
Tamara L.
02:10 15 Apr 24
I want to thank Garling & Co so much for all the help they have given me and helped with my claim. We got the win last week and it was the best news I have gotten considering how much my life has... been turned upside down the past 2 years. Emma and Rebecca have been incredible to work with and explained everything from the start even when I had hesitation to go ahead regarding how much everything would cost or how fair it could go or even if I had a chance, but they explained everything thoroughly, so I understood it all. Thank you for making this process seamlessly easy and helping me get the win it will make things a little easy for me that's for sure financial thank you for all your help I cannot recommend you and your services enough. Thank you again.read more
Sigrid W.
05:01 11 Apr 24
Utter professionalism from first phone call to final settlement. It was a pleasure to be represented by a firm that actually cares for their clients. From office staff, to paralegal and solicitor... Rebecca, Emma and Matthew thank you for your support and expertise throughout my claim. No wonder your firm has won many awards. I'm extremely happy with my outcome and can confidently recommend your firm.read more
BJ S.
01:09 09 Apr 24
Highly recommend Matthew & Allison at Garling and Co ! Quick response ! helpful every step of the way ! If you want the best compensation lawyer, Matthew @ Garling and co is the bestDoesn’t waste... time. Very informative ! excellent guidance! They get the job done ✅Website is perfect guide5 Star ⭐️ is not enoughI’m so grateful to Matthew, Allison and team for my outcome so far !Thank you 😊 Garling and co are awesome 👏 🤩read more
Jaimie K.
06:11 02 Apr 24
Have had a rollercoaster ride with Garling and Co over the several years we have been battling the system that injured workers are faced with. The wheels of progress are slow within this system.... However Garling and co have always stood by me. Calls are returned and matters are always followed up in a timely manner.read more
Tyson Langanke (Five Star W.
00:30 02 Apr 24
I cannot recommend Matthew highly enough for anyone seeking a compensation lawyer. From the moment I reached out, Matthew went above and beyond to ensure that I felt supported and informed throughout... the entire process. No question was too simple for him, and he patiently took the time to explain every step we were taking, alleviating any stress or confusion I had.He not only provided expert legal guidance but also ensured that I fully understood the intricacies of my case. His clear communication made me feel confident and reassured during what could have been a daunting experience.Thanks to Matthew's exceptional expertise and personalized approach, I was able to navigate the complexities of my compensation claim with ease. His professionalism and genuine concern for my well-being truly set him apart.read more
Shaylee C.
09:54 27 Mar 24
I recently had the pleasure of working with Garling and Co on my case, and I must say that their service was truly outstanding. From the initial consultation to the resolution of my case, they... displayed unwavering dedication and professionalism.The outcome of my case exceeded my expectations, and I am incredibly grateful for the hard work and diligence exhibited by Garling and Co. I have no hesitation in recommending this law firm to my family and friends, knowing that they will receive the same level of exceptional service.- Traceyread more
Simona M.
05:11 26 Mar 24
Emma and Rebecca have looked after my husband's workers compensation claim over the last 3 years now. We have had positive outcomes from these claims and are now pursuing a work injury damages claim.... They have been amazing to deal with. They are genuine and empathetic over what has been a very stressful time for myself and my family over these last 3 years. Nothing is ever too much for Emma and Rebecca and they are always available to communicate with. We would highly recommend Garling and Co! Thank you Emma and Rebecca.read more
Donelle L.
01:16 26 Mar 24
So very happy with the service Garling has provided the care and help has eased a lot of worry I had when going through this process . Many thanks to the entire team
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