Living with Someone with a Brain Injury

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Brain injuries may occur as a result of a trauma, such as an accident, stroke, or illness. Anyone can experience a serious head injury, and when they do, the effects are often life-changing.

In this guide we will cover:

• What brain injuries are and how they affect thinking, emotions and physical ability

• The challenges faced by families and caregivers

• Practical tips for supporting someone with an acquired brain injury

• Emotional wellbeing and preventing caregiver burnout

• Financial, legal and compensation options after brain injury

• Welfare benefits and long-term care support

• Power of Attorney and decision-making rights

• Rehabilitation, recovery and adapting life after brain injury

• How specialist solicitors can help families secure long-term support and compensation

This is often the case not only for the person who has sustained the injury but also for their loved ones. Living with someone with a brain injury can come with a huge level of overwhelm, and it’s important that you receive support too.

In this guide, we’ll detail the help and support that is available, both for individuals with brain injuries and their caregivers.

Understanding brain injuries: What caregivers need to know

Acquired brain injuries (ABIs) refer to any kind of brain damage that occurs after birth. Generally, acquired brain injuries are the result of an event that disrupts the brain’s neuronal activity. However, traumatic brain injuries (TBIs) are a very specific type of brain injury that result from blunt force trauma – ie a blow to the head as a result of a fall, assault, or car accident. Brain injuries may be considered non-traumatic if they are the result of a stroke, heart attack, or aneurysm, for example.

How brain injuries affect cognitive, emotional, and physical abilities

Whether traumatic or not, brain injuries can affect a person’s cognitive, physical, and emotional abilities.

Cognitively, they may experience challenges with:

• Attention and concentration
• Decision-making
• Thinking (executive dysfunction)
• Remembering
• Processing information
• Motivation
• Reasoning
• Self-awareness
• Mental capacity 

Physically, they may experience challenges with:

• Mobility
• Muscles going into spasm (spasticity)
• Weakness or paralysis
• Uncontrolled movements or tremors (ataxia)
• Balance, causing dizziness
• Sensory impairments
• Fatigue
• Hormonal imbalances
• Speech problems
• Headaches
• Epilepsy
• Sexual dysfunction
• Continence

Emotionally, they may experience challenges with:

• Depression, anxiety, and/or post-traumatic stress disorder
• Frustration or anger
• Feelings of loss
• Apathy
• Stress
• Unpredictable or inappropriate emotions (emotional lability)
• Difficulty responding to others’ emotions

Given the multifaceted challenges that those with brain injuries may experience, early rehabilitation and ongoing care are essential. Without high-quality care, a patient may experience long-term disabilities and a lower quality of life.

Practical tips for supporting someone with an acquired brain injury

Supporting someone with an acquired brain injury can come with a lot of responsibility. However, you can take steps like these to make your support as helpful as possible:

• Set a daily routine: Establish a structure for your loved one to reduce confusion and stress. Whether it’s setting consistent mealtimes or going for a walk at the same time each day, you can help them create stability in their lives.
• Use effective communication skills: Use simple language, be patient, and practise active listening. Slowing down can make it easier for your loved one to understand what you’re saying and respond.
• Encourage independence: Although your loved one will likely need your help, they should also find their independence empowering. If there’s a task they can manage alone, encouraging autonomy can help motivate them.
• Manage behavioural changes: Familiarise yourself with information on brain-injury-related mood swings, frustration, and emotional regulation to help you understand your loved one’s behaviour. This can be especially useful when their behaviour appears unpredictable or irrational.

Emotional support for caregivers

Supporting someone with an acquired brain injury can be physically and emotionally challenging. Although you may be dedicating a lot of time to your loved one, it’s vital to also ensure you are accessing the emotional support you need.

You can support yourself by:

• Recognising mental health struggles: Knowing the signs of caregiver burnout can help you know when to ask for help. If you’re experiencing exhaustion, withdrawal from loved ones, or loss of interest in activities, it may be time to research additional support.
• Seeking help from support groups or a therapist: Caring for someone with a brain injury can come with a huge amount of emotional weight. It may be easy to focus on your loved one’s needs and lose sight of the ways their condition is impacting your life. 

Receiving help from a support group or therapist can help you understand the effect this life-changing event is having on you, too, and how to best support yourself.

• Encouraging self-care to prevent exhaustion and overwhelm: It’s difficult to support others when you’re not supporting yourself first. Making time to practise mindfulness, cook healthy meals, exercise, and sleep are all essential for you to have the ability to care for your loved one.

Financial and legal considerations when caring for someone with a brain injury

When caring for someone with a brain injury, prioritise these key financial and legal considerations to help them receive the support they need.

Claim compensation for the brain injury

There is usually a window of three years to claim compensation for a brain injury. However, minors under the age of 18 have until they turn 21 to start a claim.

Also, those who lack mental capacity aren’t under any time limit to claim unless they regain capacity. In this case, their three years begin at this point.

How to claim compensation

To claim compensation, you’ll need to choose a solicitor who specialises in brain injuries. This is because these injuries can be complicated and therefore take time to settle. The right solicitor will be able to help with considerations involving future care, recovery, accommodation adaptations, and loss of income.

A brain injury solicitor will collate information about the cause of the injury, the injury itself, and how it impacts the person’s life.

They will also discuss the options for funding the claim. Many claims take place on a ‘No Win, No Fee’ basis. This means you don’t pay for legal action upfront, and you pay your solicitor a success fee from your settlement if your case is successful.

With a funding agreement in place, the solicitor will send a letter of claim to the other side. They will have three months to investigate the claim and respond with a decision explaining whether they accept liability.

While you’re waiting to hear back, the solicitor will also consider any rehabilitation and treatment needs and work with the other side to explore ways to accelerate recovery.

If the other side accepts liability, or if they dispute liability but there are reasonable grounds to continue the case, the solicitor will arrange appointments with medical experts on behalf of the person with a brain injury. These experts will draw up an injury report, and the solicitor will request medical record copies.

The solicitor will use this medical documentation alongside evidence that details losses (both current and future) and expenses to reach a settlement with the other side. If a settlement can’t be reached, it may be necessary to involve the Courts to form an agreement.

Access financial support

Alongside compensation, your loved one may be eligible for financial support to manage the needs arising from their injury, including:

• Personal Independence Payment (PIP): This tax-free benefit supports the costs of living with a disability or health condition lasting at least 12 months.
• Universal Credit: This benefit supports those who are unable to work or are on a reduced income because of a disability or long-term illness.
• Attendance Allowance (AA): This benefit supports those who need care or supervision because of a disability. They must be over the State Pension age when these needs first arise.
• Employment and Support Allowance (ESA): This benefit supports those who cannot work because of a disability or health condition.
• Statutory Sick Pay: This benefit supports those who are unable to return to their employment for more than three consecutive days.
• NHS and local authority funding for care: This funding supports those with a brain injury whose care needs are mostly health-related. They can receive financial support to cover health, personal care, or care home costs.

As a carer, you may be eligible for Carer’s Allowance to help provide for your loved one’s needs as they live with, or recover from, their brain injury.

Arrange Power of Attorney

Setting up a Power of Attorney means appointing someone to make decisions on your behalf if you can no longer make or communicate them yourself. For someone with a brain injury, this can give them peace of mind that a person they trust will manage important decisions.

There are two types of power of attorney: ordinary and lasting.

An ordinary Power of Attorney allows a person(s) to look after the individual’s financial affairs temporarily. This agreement comes to an end if the individual in charge then loses the mental capacity to make decisions.

Lasting Power of Attorney (LPA) is split into two types: health and welfare LPAs and property and financial affairs LPAs.

A health and welfare LPA allows a person(s) to make decisions about the individual’s daily life. These decisions might involve their medical care and treatment, and whether they live in a care home. Decisions might also involve choices about their washing, dressing, and eating.

A property and financial affairs LPA allows a person(s) to make decisions about the individual’s money and property. They may make decisions about bills, mortgage or rent payments, and selling or renting an individual’s home.

Rehabilitation and long-term care options

Your loved one may need long-term care and rehabilitation services to aid their recovery. These services may include physiotherapy, speech therapy, and occupational therapy. 

The brain injury charity Headway allows you to find brain injury rehabilitation support UK-wide through its Approved Provider Scheme. Accredited providers include those available through the NHS, as well as independent hospitals, residential homes, nursing homes, and neuro-rehabilitation units.

You may also be able to make your loved one’s home more accessible with assistive technology and home modifications. Options may include electronic communication aids, including those with joysticks or voice-output technology. Other options may include tablet computers with specialist software and automated doors, windows, curtains, and lights.

How Fletchers Solicitors can help

Fletchers has more than three decades of experience offering legal expertise in brain injury cases. Our specialist personal injury and medical negligence lawyers have handled thousands of cases for families navigating compensation claims, securing millions in compensation.

Living with brain injury cases

Some of our success stories of clients who adjusted to life after a brain injury include a man in his mid-thirties who secured £7 million in compensation after sustaining brain injuries caused by surgical negligence.

This client suffered a stroke after having surgery to remove a non-cancerous tumour. The stroke caused a brain injury that resulted in epilepsy and cognitive, memory, and mobility difficulties.

Another of our clients secured £1 million in compensation after sustaining a severe brain injury when he fell from a fire escape at age 18. He experienced several physical, cognitive, and emotional effects; was no longer able to work; and faced an ongoing risk of developing epilepsy.

These are two of many clients who secured life-changing compensation through Fletchers Solicitors.

For example, you might have ordinary Power of Attorney. This would allow you to manage your loved one’s day-to-day finances.

Someone with the lasting power of attorney over health and welfare can make decisions about their loved one’s healthcare and potentially their care home accommodation.

Someone with lasting power of attorney over property and financial affairs can manage their loved one’s bills, including their mortgage or rent. They can also decide when it’s the right time to sell or rent their loved one’s home.

If in doubt, seek professional advice to help you assess your loved one’s needs.

Additional support and resources

You might also find our resources on the following helpful:

Serious personal injury claims

Medical negligence claims

Road traffic accident claims