SPECIFICITY OF ASSESSMENT AND COMPENSATION OF HUMAN ASSISTANCE IN PATIENTS WITH TRAUMATIC BRAIN INJURY

Abstract

Traumatic brain injury causes neurocognitive sequelae
which are not observed initially and which are often
accompanied by behavioural and social behaviour disorders. It is better known as “Invisible Handicap”. Like
spinal injury patients, TBI patients know and can carry
out everyday tasks, but depend on a third person to stimulate, incite, control and monitor them and sometimes
even do it for them. Therefore, they are not autonomous.
While human assistance is the cornerstone of the life project of a TBI, both moderate and severe, patients find it
difficult to demand it, while it is poorly recognised by
friends and family and underestimated or even ignored
by insurance claim adjusters.
Even though human assistance is financially the biggest
type of loss (more than 40% of the compensation on its
own) the determination of the human assistance needs is
among the last types of loss in an expert assessment and is
rarely satisfactorily covered by a forensic discussion