You may be able to make a diffuse axonal injury claim if another person or organisation was legally responsible for causing the injury. This could include an injury caused by negligence in a road traffic accident, at work or in another situation where someone owed you a duty of care and failed to meet it.
A diffuse axonal injury, often shortened to DAI, is a form of traumatic brain injury that can have serious and lasting consequences. Some people may need rehabilitation and support during their recovery, while more severe injuries can affect someone’s ability to work or live independently.
Having a diffuse axonal injury does not automatically mean that you are entitled to compensation. The circumstances in which it happened, evidence of negligence and medical evidence linking the injury to the incident all need to be considered.
If you or someone close to you has been affected, this guide explains when compensation may be available, what can influence the value of a claim and the evidence that may be needed.
Table of Contents
- Introduction
- What Is A Diffuse Axonal Injury (DAI)?
- Can You Claim Compensation For A Diffuse Axonal Injury?
- Who Can Make A Claim?
- Time Limits To Start A Claim
- How Much Compensation Can You Claim?
- General & Special Damages Explained
- What Evidence Is Needed To Support Your Claim?
- How Tylers Solicitors Can Help With Your Diffuse Axonal Injury Claim
- Diffuse Axonal Injury Claims FAQs
- What is a diffuse axonal injury?
- Can you claim compensation for a diffuse axonal injury?
- Who can make a diffuse axonal injury claim?
- How much compensation can I get for a diffuse axonal injury?
- What is the time limit for making a diffuse axonal injury claim?
- What evidence do I need for a diffuse axonal injury claim?
- Can I claim for a family member with a diffuse axonal injury?
- Does Tylers Solicitors handle diffuse axonal injury claims on a No Win No Fee basis?
What Is A Diffuse Axonal Injury (DAI)?
A diffuse axonal injury is a type of traumatic brain injury involving damage to axons, the nerve fibres that allow different areas of the brain to communicate.
It can occur when forces acting on the head cause rapid movement of the brain, placing strain on these nerve fibres. This type of injury can be associated with significant trauma, including road traffic collisions, serious falls and some workplace accidents.
The effects of DAI differ between individuals and depend on the nature and severity of the injury. Problems with memory, concentration, communication or mobility can occur, and some people experience cognitive or behavioural changes. Serious injuries may affect independence and create a need for longer-term rehabilitation or care.
Medical assessment is particularly important because the consequences cannot be determined from the circumstances of the accident alone. The diagnosis, symptoms and likely prognosis need to be established through appropriate medical evidence.
Where DAI forms part of a wider traumatic brain injury, you can find more information about the legal and financial considerations involved in brain injury compensation claims.
Can You Claim Compensation For A Diffuse Axonal Injury?
You may be able to claim compensation if your diffuse axonal injury was caused by another person’s or organisation’s negligence.
The fact that an injury happened is not enough on its own. A personal injury claim will normally need evidence showing that another party owed you a duty of care, that they breached that duty and that the breach caused the injury and resulting loss.
How this applies depends on the circumstances.
A road user, for example, owes duties to other road users. An employer also has legal responsibilities towards employees, although whether an employer is liable for a particular workplace accident depends on what happened and whether there was a relevant breach of duty.
A DAI can also occur in other circumstances. Whatever the setting, liability has to be considered using the evidence rather than assuming that someone must be responsible simply because a serious injury occurred.
Causation is equally important. Medical evidence is generally required to establish the nature of the brain injury and its relationship to the accident or incident in question.
If you want advice specifically about pursuing compensation for this type of brain injury, you can call our team directly on 0800 699 0079.
Who Can Make A Claim?
An adult who has the mental capacity to conduct legal proceedings can usually pursue their own claim.
Diffuse axonal injuries can sometimes affect cognitive function to such an extent that the injured person does not have the capacity to conduct the proceedings themselves. A claim can still be pursued in these circumstances, but it will generally need to be conducted on their behalf by a litigation friend.
A litigation friend is often a family member or another suitable person. Their role is to conduct the proceedings on behalf of the injured person and act in their best interests.
Claims involving children are also normally conducted through a litigation friend. Where a settlement is reached for a child or a protected party, court approval is required.
Mental capacity is specific to the decision or matter concerned, so a brain injury diagnosis does not by itself establish that someone lacks capacity to conduct proceedings. This needs to be considered according to the individual’s circumstances.
Time Limits To Start A Claim
The usual limitation period for an adult personal injury claim in England and Wales is three years. Depending on the circumstances, time generally runs from the date the cause of action accrued or, if later, the relevant date of knowledge.
There are important exceptions.
For someone injured as a child, the ordinary personal injury limitation period does not run during childhood. If a claim has not already been pursued on their behalf, the three-year period will generally begin when they turn 18.
Different rules also apply where an injured person lacks the mental capacity required for the purposes of the limitation rules. The usual limitation period may be suspended while that disability continues.
The appropriate deadline can also depend on the type and circumstances of the claim. For example, a claim under the Criminal Injuries Compensation Scheme following a violent crime is governed by separate rules and should not be treated as an ordinary personal injury claim.
Limitation can determine whether a claim is able to proceed, so it is sensible to obtain advice well before the expected deadline rather than waiting until the three-year period is close to expiring.
How Much Compensation Can You Claim?
There is no fixed amount of diffuse axonal injury compensation.
The value depends on the medical evidence and the effect the injury has had on the individual. The severity of the brain injury and the expected recovery are relevant, but the financial consequences can also have a significant effect on the overall settlement.
Someone who recovers sufficiently to return to their previous employment may have very different losses from a person who can no longer work and requires long-term professional care. Rehabilitation needs, treatment costs and the effect on independence can also influence what needs to be included in a claim.
For this reason, there is no reliable average payout for a diffuse axonal injury. Compensation has to be calculated using the evidence in the individual case.
General & Special Damages Explained
Compensation in a successful diffuse axonal injury claim can include general damages and special damages.
General damages compensate for the pain, suffering and loss of amenity caused by the injury. Medical evidence is used to understand the severity of the brain injury, its effects and the likely prognosis. The Judicial College Guidelines may be used as a reference when this part of the claim is valued, but their figures are guidelines rather than guaranteed awards.
Special damages deal with financial losses caused by the injury. Depending on the individual circumstances and supporting evidence, these may include past loss of earnings, reasonable treatment and rehabilitation expenses, travel costs and care.
A serious DAI can also create financial needs that continue well into the future. If someone cannot return to their previous work, requires ongoing rehabilitation or needs professional care, those future losses may need to be assessed as part of the claim. Specialist equipment or accommodation requirements may also be relevant in an appropriate case.
This distinction is important when looking at compensation figures online. An amount given for the brain injury itself does not necessarily represent the complete value of a diffuse axonal injury claim.
What Evidence Is Needed To Support Your Claim?
A diffuse axonal injury claim needs evidence covering both how the injury happened and the effect it has had on the injured person. This is particularly important where symptoms are expected to continue or where compensation needs to account for future care and financial losses.
Medical evidence will usually form a central part of the claim. Hospital and GP records can document the treatment received following the injury, while scans and other test results may provide further evidence about the brain injury. Independent medical experts may also be instructed to assess the injured person, consider their symptoms and provide an opinion on their prognosis.
The evidence needed to establish responsibility will depend on how the injury occurred. Accident reports, photographs, CCTV footage and witness statements may be relevant where they are available. A workplace claim could also involve records relating to the accident or relevant health and safety arrangements.
Financial evidence becomes important where the injury has resulted in additional costs or affected someone’s income. Wage slips and employment records can help establish loss of earnings, while receipts and invoices can support expenses such as treatment, rehabilitation or travel.
For someone with a serious DAI, the evidence may need to look further ahead. Assessments from appropriate experts can help establish future rehabilitation or care requirements and how the injury is expected to affect the person’s independence and ability to work.
Family members may also have useful evidence about changes following a brain injury. They can sometimes provide important information about the person’s memory, behaviour, communication or ability to manage activities they previously carried out independently.
A claim should be valued using this evidence rather than assumptions about what somebody with a diffuse axonal injury will need.
How Tylers Solicitors Can Help With Your Diffuse Axonal Injury Claim
Living with the effects of a diffuse axonal injury can bring considerable uncertainty for the injured person and their family. Questions about work, rehabilitation, care and future independence may remain unanswered while the medical position continues to develop.
At Tylers Solicitors, we handle brain injury claims as serious injury cases. Our role is to consider how the injury occurred, gather the evidence needed to support the claim and make sure its current and future effects are properly considered before settlement.
Diffuse axonal injury claims can involve detailed medical evidence, particularly where the long-term prognosis is uncertain. Where appropriate, independent medical evidence can help establish the extent of the injury and the support that may be required.
Financial losses also need careful consideration. A claim may need to account for income already lost as well as future earnings, rehabilitation, care and other costs supported by the evidence.
Where an injured person lacks the capacity to conduct proceedings, we can also advise family members about pursuing the claim through a litigation friend.
Tylers Solicitors handles eligible claims on a No Win No Fee basis, so there are no upfront legal fees to begin a claim. If you would like individual advice about a diffuse axonal injury, you can contact our team on 0800 699 0079, email us at info@tylerssolicitors.co.uk or fill in our online contact form to discuss what happened and whether a claim may be possible.
About Tylers Solicitors: Tylers Solicitors is led by Lee Kirton. You can read more about his experience and approach to personal injury claims.
Diffuse Axonal Injury Claims FAQs
What is a diffuse axonal injury?
A diffuse axonal injury is a type of traumatic brain injury involving damage to axons, which are nerve fibres that carry signals between different areas of the brain. It can occur when significant forces acting on the head cause rapid movement of the brain and strain these nerve fibres.
The effects vary depending on the nature and severity of the injury. Medical assessment is needed to understand the extent of the damage and the likely outlook for the individual.
Can you claim compensation for a diffuse axonal injury?
You may be able to claim if another person or organisation owed you a duty of care, breached that duty and caused the diffuse axonal injury as a result.
An injury does not automatically create a right to compensation. Liability and causation need to be established using the available evidence.
Who can make a diffuse axonal injury claim?
An adult with the capacity to conduct proceedings can normally pursue their own claim. Where the injured person lacks the relevant capacity, a litigation friend can conduct proceedings on their behalf.
A litigation friend will also usually be required where a claim is brought for a child.
How much compensation can I get for a diffuse axonal injury?
There is no standard compensation amount for DAI. The value will depend on the severity and effects of the injury, the medical prognosis and the financial losses caused by it.
A claim involving long-term care, an inability to return to work or substantial rehabilitation needs may include significant future losses. These have to be assessed using evidence rather than a standard DAI compensation figure.
What is the time limit for making a diffuse axonal injury claim?
Most adult personal injury claims in England and Wales are subject to a three-year limitation period, generally running from the date the cause of action accrued or, if later, the relevant date of knowledge.
Different rules apply to children and may apply where an injured person lacks the relevant mental capacity. Other routes to compensation, including claims through the Criminal Injuries Compensation Authority, have separate time limits.
What evidence do I need for a diffuse axonal injury claim?
The evidence will depend on the circumstances but will usually include medical evidence establishing the injury and evidence relating to how it happened.
Where compensation is sought for financial losses, documents such as wage slips, employment records, receipts and invoices may also be needed. Serious claims can require further expert evidence to assess future rehabilitation, care and other long-term needs.
Can I claim for a family member with a diffuse axonal injury?
A family member cannot automatically make a compensation claim simply because they are related to the injured person. However, where the injured person lacks the capacity to conduct proceedings, a suitable person may be able to act as their litigation friend and conduct the claim on their behalf.
If the injured person is a child, a parent or another suitable adult will usually act as litigation friend.
Does Tylers Solicitors handle diffuse axonal injury claims on a No Win No Fee basis?
Yes. Tylers Solicitors handles eligible diffuse axonal injury claims on a No Win No Fee basis, meaning there are no upfront legal fees to begin the claim.
If you or someone close to you has suffered a diffuse axonal injury and you are unsure whether compensation may be available, our team can review the circumstances and explain your options.
