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          Mild Traumatic Brain Injury (mTBI)

          We examine allegations of alterations in brain function resulting from external force and other sources (such as hypoxic brain injury). 

          Our goal is to uncover cases where a Claimant's symptoms have been mistaken for structural brain damage and identify the correct source of the Claimant's symptoms in order to ensure the accurate categorisation of these claims as early as possible. Our experience and focused approach allows us to swiftly adopt an effective strategy to prevent these claims spiralling out of control.

          These claims often involve unusual accident scenarios and large volumes of disclosure, it is also not uncommon for these claims to feature Claimants with complex and striking medical histories. Due to the sometimes subjective nature of the Claimant's reported symptoms our specialist mTBI and closed brain injury lawyers use every available tool to build a case specific Claimant profile and fact check each case. Our lawyers are assisted by a team with diverse expertise ranging from a background in care, engineering, medicine, data analytics and counter fraud.

          We understand it is crucial to accurately and contextually assess the Claimant's cognitive abilities in order to cut through, sometimes sensationalist and convoluted, particulars of claim and schedules of loss. We adopt an interdisciplinary approach to defeat and/or substantially reduce these claims by creating focused and case specific teams of both medico-legal and non-medical experts in order to ensure:

          1. The court is presented with an accurate diagnosis of the Claimant's alleged symptoms backed up by relevant and reliable literature.
          2. The Claimant's potential for recovery and long term ability to function as a member of society is correctly presented to the court in context.
           
          Our mTBI services include advising on:

          • Complex defences to primary liability 
          • Complex multi-party litigation, for example our lawyers have extensive experience with technical claims arising out of accidents in the construction industry
          • Defence of RTA/EL/PL Claims
          • Issuing complex Part 20 claims
          • Advising on policy coverage and indemnity  
          • Our lawyers are also able to defend against Local Authority or HSE prosecutions which arise out of the same incident, thus ensuring a joined up approach to both criminal investigations and civil actions 

          We are committed to working hand-in-hand with our clients, providing in-house training, preparing claims handling protocols and data analytics to ensure insurance claims handlers have access to the latest information to help develop their knowledge of this area. We have also worked with insurer clients to develop specialist panels of experts, able to provide compelling rebuttals supported by cutting edge research in this field.

           

          Key Contact

          Glyn Jones

          Glyn Jones

          Partner and Head of Insurance

          Specialist insight throughout the claims process

          We have established and consult with panels of medical experts to analyse emerging research in this field, thus ensuring that our lawyers and our clients stay ahead of this complex and developing area. Our team uses data analytics to spot emerging trends and makes use of tools to predict third party behaviours. 

          Glyn Jones

          • Partner // Head of Insurance