Civil Liability Regulation 2025
sch.3-sec.5Extreme brain injury
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sch.3-sec.5 Extreme brain injury
Comment The injury will involve major trauma to the brain with severe permanent impairment. 5.1 Substantial insight remaining 71 to 100 Comment about appropriate level of ISV for item 5.1 An ISV at or near the top of the range will be appropriate only if the injured person needs full-time nursing care and has the following— substantial insight despite gross disturbance of brain function significant physical limitation and destruction of pre-existing lifestyle epileptic seizures double incontinence little or no language function little or no meaningful response to environment. An injured person with an injury for which an ISV at or near the top of the range is appropriate may have some ability to follow basic commands, recovery of eye opening, return of postural reflex movement and return to pre-existing sleep patterns. Examples of factors affecting ISV assessment for item 5.1 degree of insight life expectancy extent of bodily impairment 5.2 Substantially reduced insight Comment for items 5.2.1 and 5.2.2 The injured person will have major trauma to the brain with severe permanent impairment. The injured person’s insight of their condition may change. Insight may be impaired in the degree, or continuity of, appreciation of the injured person’s condition. Examples of factors affecting ISV assessment for items 5.2.1 and 5.2.2 The same examples apply as for an item 5.1 injury, but reducing levels of insight progressively reduce the level of suffering and the appropriate level of ISV. 5.2.1 The injured person will have partial or complete insight (as evidenced by appropriate responses to physical or emotional stimuli) for not more than half of the person’s waking hours. 36 to 70 5.2.2 The injured person will have infrequent periods of partial insight and will show unreliable, rare or limited responses to physical or emotional stimuli. 16 to 35 5.3 Grossly reduced insight 10 to 15 Comment for item 5.3 The injured person will be in a persistent vegetative state and have little or no insight. Comment about appropriate level of ISV for item 5.3 If some minor awareness of loss remains, an ISV at or near the top of the range may be appropriate.