The claim has been brought against rugby’s governing bodies by over 1,000 former players who allege that repeated concussive and sub-concussive impacts during their playing careers have contributed to serious neurological conditions later in life, including dementia, chronic traumatic encephalopathy (CTE), Parkinson’s disease, motor neurone disease, epilepsy and persistent post-concussion syndrome. They argue that the governing bodies failed to take adequate steps to protect players from the risks associated with repeated head impacts. The litigation remains ongoing and the issues will ultimately be determined by the court.
Whatever the outcome, the case highlights wider issues that arise in many brain injury claims: the difficulty of identifying the cause of symptoms, the importance of expert medical evidence and the challenges that can arise where the effects of an injury are not immediately apparent.
Brain injuries can have delayed consequences
Unlike most physical injuries, the effects of a brain injury may not always be obvious straight away.
A person may initially appear to recover following a head injury but later develop problems with memory, concentration, fatigue, mood, behaviour or their ability to work and manage everyday activities.
This can make brain injury claims particularly complex. It may take time before an individual understands the full impact of their symptoms, whether those symptoms are connected to a previous injury and whether someone else may be legally responsible.
The importance of specialist evidence
Establishing a brain injury claim often requires detailed investigation and specialist medical evidence.
Experts may be required to consider the nature of the injury, the symptoms experienced, the impact on the individual’s life and the likely consequences for the future.
A detailed review of medical records, as well as other aspects of your life, such as employment history and any day-to-day difficulties experienced can be essential in building a clear picture of how an injury has affected someone.
Is it too late to bring a claim?
Just because an injury occurred several years ago does not necessarily mean that the time limit for bringing a personal injury or medical negligence claim has expired.
Many people are aware of the general three-year limitation period and assume they are unable to pursue a claim once that time has passed. However, this is not the full extent of the rule.
The relevant date is not simply when the injury happened, but when the person first became aware (or ought reasonably to have become aware) that they had suffered an injury that may be connected to another party’s negligence. This is often referred to as the “date of knowledge”.
For injuries where symptoms develop gradually, or where the link between the injury and its potential cause is not immediately clear, the date of knowledge can be an important while tricky consideration.
There are also other factors that can affect limitation, meaning that someone should not assume they are automatically prevented from bringing a claim simply because three years have passed since the original event.
Seeking advice early
If you believe you or a family member may have suffered a serious brain injury or are experiencing ongoing symptoms following a previous head injury, it is sensible to seek legal advice as soon as possible.
Early investigation can help preserve important evidence, obtain relevant medical records and ensure that any claim is considered within the appropriate timeframe.
The ongoing rugby litigation serves as a reminder that the effects of a brain injury are not always immediately apparent. If you are concerned that symptoms developing months or even years after a head injury may be linked to negligence, specialist legal advice can help you understand your options and whether you may still be able to bring a claim.