We are now in Action for Brain Injury week, run annually by the charity Headway to raise awareness and understanding of the different aspects of brain injury. The theme this year is ‘On a good day’ which aims to highlight the fluctuating and unpredictable nature of brain injury and the gap that can arise between someone’s capabilities on a good day versus a bad day. Headway wants people to see both sides of the story. It seeks to change behaviours and opinions towards those who might be having an ‘all-too-common bad day’.
Headway says: ‘We will tell the stories of brain injury survivors through their own words, both good and bad days. We’ll capture the thoughts of survivors and carers through our surveys, hearing what it’s like to navigate life after brain injury.’
The difference between good and bad days can be stark. Traumatic brain injuries may affect a person’s ability to manage their emotions and cause them to have extreme responses to certain situations. Additionally, symptoms such as fatigue, reduced cognition and headache can fluctuate and may be triggered by exertions such as trying to get back to work.
As a lawyer acting for brain injured clients this ABI theme particularly resonates with me. I see clients striving to rebuild their lives post injury with huge positivity, often harnessing the power of making small victories count. Yet there are bad days. Getting the right support is vital for those navigating life after a brain injury, whether this be assistance from a carer with day-to-day tasks, therapies, or aids and equipment.
Looking at what the future will hold for clients and the possible difference between a good day and a not-so-good day is imperative in order for me to assess what a package of compensation should include. It is extremely important that, so far as is possible, an accurate and realistic picture is built up, recognising that symptoms are not always constant and that many factors can have an impact, including ageing and life stressors.
A case study
One of my clients, a young person who sustained a significant brain injury in a road traffic accident, worked very hard on their rehabilitation. While they did not achieve the academic success previously anticipated they have been able to attain employment. The claim was settled on the basis of this ability to work, but took into account the potential for episodic exacerbations of symptoms that could be brought on by significant life events or stresses.
The claim included long-term personal support to assist with managing day to day activities and took account of the likelihood that they would go on to marry and have children.
This was a claimant who exhibited what could be achieved on their good days and has moved forward positively. However, we took careful account of those difficulties which could be encountered on the not-so-good days, ensuring that no stone was left unturned in assessing what those days could look like.
More good days ahead?
I recently met with Harry Lambert, a barrister from Outer Temple Chambers who is passionate about advances in neurotechnology and their interplay with the law. We have recorded a podcast (coming soon!) which delves into technologies to understand and control the brain and nervous system.
We look at brain-computer interfaces (BCI) which enable direct communication between the brain and external devices and can, for example, enable people to control computers using their thoughts. The podcast features video footage of a trial BCI device being used. We also talk about deep brain stimulation (DBS) which involves electrodes implanted into specific deep brain structures to alleviate particular symptoms. With technology advancing at this level there must be cause to hope for more good days ahead for brain injury survivors.
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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