An accident can have not only physical, but also serious neurological consequences. When you sustain brain injury as a result of an accident, this is referred to as acquired brain injury (ABI). This injury can completely change your life: you may experience permanent limitations in work, memory, concentration, and social interactions.
At Arslan Advocaten, we assist victims of ABI in safeguarding their rights and obtaining appropriate compensation.
What is acquired brain injury (ABI)?
ABI is brain injury that occurs after birth due to an external event or an internal cause, such as oxygen deprivation. In personal injury cases, it often involves brain injury caused by:
Traffic accidents (rear-end collisions, motorcycle accidents, cycling accidents)
Workplace accidents (falls from height, blows to the head)
Medical errors (for example, oxygen deprivation during surgery)
Violent crimes or assault
Consequences of ABI
The consequences of ABI are often severe and vary from person to person. Possible symptoms include:
Memory and concentration problems
Reduced resilience and rapid fatigue
Emotional changes (irritability, mood swings)
Physical limitations (paralysis, balance disorders)
Problems with work and social relationships
Many victims find that their surroundings do not always understand how severe ABI is, because the symptoms are often invisible.
Compensation for ABI
Victims of ABI are entitled to full compensation. This includes:
Medical costs (treatments, therapies, medication, assistive devices)
Loss of income (both current and future)
Home and transport adaptations (wheelchair, stairlift, adapted vehicle)
Domestic help and informal care
Pain and suffering compensation for pain, grief, and loss of quality of life
In ABI cases, the amounts involved are often substantial, as the consequences are usually lifelong.
Pain and suffering compensation for ABI
Pain and suffering compensation is an award for suffering that cannot be directly expressed in monetary terms. In ABI cases, pain and suffering compensation plays a significant role, as victims are often permanently limited in their work, hobbies, and social life.
Factors that determine the amount of pain and suffering compensation
Severity and permanence of the injury: the more severe and permanent the consequences, the higher the amount.
Age of the victim: younger victims often face more future damage and generally receive higher awards.
Impact on daily life: loss of work, hobbies, or independence weighs heavily.
Pain and discomfort: both physical and psychological.
Comparable cases: courts look at previous rulings to determine the amount.
Examples from practice
A young woman who suffered memory and concentration problems after a traffic accident was awarded pain and suffering compensation in addition to reimbursement of medical and income loss.
A man who became permanently wheelchair-dependent due to a workplace accident received one of the highest pain and suffering awards in the Netherlands, owing to the permanent and severe limitations.
A patient who sustained brain damage due to a medical error and could no longer live independently was awarded pain and suffering compensation based in part on the loss of self-sufficiency and enjoyment of life.
Pain and suffering compensation is therefore tailored to the individual case, with both the medical severity and personal impact at the centre.
Examples from practice (general)
Traffic accident: A young man sustained brain injury after a motorcycle accident. He could no longer perform his work as a mechanic and had permanent concentration problems. Arslan Advocaten calculated his loss of earning capacity and secured substantial compensation, including pain and suffering compensation.
Workplace accident: A woman sustained brain damage after falling from scaffolding at work. The employer argued that the woman had not been sufficiently attentive. However, the court ruled that the employer had failed to implement adequate safety measures. The woman received generous compensation for loss of income and domestic assistance.
Medical error: A patient sustained permanent brain injury due to oxygen deprivation during surgery. The hospital's liability was initially disputed. Following the intervention of Arslan Advocaten, the insurer ultimately acknowledged the error and a substantial compensation was paid out.
Checklist: what to do in the event of brain injury after an accident
Seek immediate medical attention and ensure the cause and consequences are properly documented.
Request medical records from your GP, specialist, and hospital.
Record symptoms and limitations in a diary.
Preserve evidence of the accident (photographs, witnesses, police or accident reports).
Request referrals to a neurologist or rehabilitation physician for expert assessment.
Gather financial documentation (pay slips, employment contract, benefit records).
Contact a specialised personal injury lawyer promptly.
Why choose Arslan Advocaten?
Specialist knowledge of ABI cases
Collaboration with medical and financial experts
Personal and dedicated approach
We ensure that no item of damage is overlooked
Free legal assistance: the liable party bears the costs
FAQ about ABI and personal injury
1. How do I prove that my brain injury was caused by the accident?
Through medical documentation, specialist reports, and witness statements, the causal connection can be established.
2. How is the amount of compensation determined?
Based on all items of damage, including medical costs, loss of income, and pain and suffering compensation. In ABI cases, the amounts are often substantial due to the permanent consequences.
3. Does an ABI case take longer than other personal injury cases?
Yes, often it does. Because the consequences are long-term and severe, careful investigation into future damage is required.
4. Can I also receive compensation for informal care provided by family?
Yes, informal care can also form part of the compensation.
5. Does a personal injury lawyer cost me money?
No, the costs are recovered from the liable party. Our assistance is free of charge for you.