Brain injury claims
Our highly specialised personal injury lawyers have in-depth experience of dealing with complex compensation claims for adults and children who have suffered brain injuries of varying severity, from subtle presentations categorised as mild brain injuries, including post-concussion syndrome, to severe brain injuries. However, just because a brain injury is categorised as being technically mild, it does not mean that its impact is not profound on both the injured person and their family.
Our team’s expertise in brain injury work is recognised by two leading brain injury charities, Headway and UK Acquired Brain Injury Forum (‘UKABIF’), who recommend us on their respective ‘approved lawyer’ lists.
Contact one of our specialist personal injury solicitors for a free initial consultation to find out if we can investigate your case with the financial security of a “no win no fee” agreement.
If you or someone you know has been affected by a brain injury then please read our brain injury care guide. We have created this practical guide on what to do and where to seek help and guidance based on our specialist knowledge and client service.
Compensation claims for acquired and traumatic brain injury (ABI and TBI)
A brain injury, no matter its severity, can have a major long-term impact on your life and, very often, on your family and friends. It is vital that you recover the compensation you need to rebuild your life, that you access the right rehabilitation and medical care to maximise your recovery, and that you receive support throughout the rest of your life to ease the pressure on your loved ones.
Compensation plays an important part in the recovery process since the support and treatment available through the NHS is restricted. Furthermore, as a policy point, if someone else was responsible for your injuries, the cost of supporting your recovery should be met through the private rather than public sector. Rehabilitation may not reverse the effects of a brain injury, but it can speed up and improve someone’s recovery. It will also give the injured person the ability to find coping strategies that work for them to reduce the impact of ongoing symptoms, such as memory problems.
What compensation can you claim following a brain injury?
You may be entitled to recover compensation for:
- “General damages” for the pain, suffering and loss of amenity you have suffered as a result of the accident
- All past and future financial losses you have incurred as a result of the accident.
Financial losses may include:
- Loss of earnings
- Cost of paying carers or brain injury support workers
- Cost of paying either professionals or other family members for assistance with domestic chores such as shopping, cleaning, cooking, etc
- Loss of DIY and gardening ability
- Adaptations to the home
- Medical or rehabilitation expenses
- Travel expenses
- Pension losses.
A provisional damages award, allowing you to claim further compensation should your condition deteriorate, may be appropriate if you are at an increased risk of developing epilepsy as a result of your brain injury.
To learn more about making a brain injury claim, watch this short video about a client’s story.
How do I make a brain injury personal injury claim?
The things you can do at the outset to help us build a case will largely depend upon the circumstances of the accident. If you are able to, although we appreciate that you may have no memory of what happened, you or a loved one could write a clear description of the incident and, in all cases, try to obtain the names and contact details of witnesses.
If you were injured at work, ask your Health & Safety representative to preserve the scene and take photos or sketches of the area. Complete your employer’s accident form or accident book if there is one.
If you were injured following a fall in a public place, notify whoever is responsible for the accident site about the accident as soon as possible. This will include, for example, the local authority if you have tripped on a pavement or, say, the manager or customer services if you have slipped in a supermarket. Take photos or sketches of the area. If photographing a defect, use a tape measure, ruler or even a 10p coin for scale to demonstrate the extent of the defect.
We most commonly encounter brain injuries following road traffic accidents. If possible, obtain the insurance details of the driver responsible for your accident, but we appreciate this is often not possible following a serious accident resulting in serious injuries. In most cases the police will attend the scene and we will be able to obtain the third party details from them.
If you have not been able to follow these steps, and following brain injury that is understandable, do not worry, you may still be able to make a claim.
Our Personal Injury team will provide a free initial consultation, advising you on whether you have a claim and the best way to proceed. It may be necessary to gather evidence at the very outset, including taking statements from witnesses. We will contact those responsible for your accident to seek admission of liability and to secure interim compensation payments to help with your immediate financial needs and to fund medical treatment and rehabilitation. Where liability is denied, we will advise you on the defendant’s case. Our lawyers will gather evidence to help us to prove liability, the injuries you have suffered and the past and future financial losses you have incurred. We will liaise with the defendant’s representatives throughout and, when we are able to value your claim, negotiate with the other party to avoid court if possible. If court proceedings are necessary, we will deal with all court deadlines and guide you through the process to ensure that you feel comfortable and are able to get on with your life whilst the litigation continues.
How long do I have to make a brain injury personal injury claim?
There is a limitation period for pursuing compensation for injuries arising from personal injury. Court proceedings must be issued within three years of the date of the incident or (if later) three years from the time you first knew, or should have known, that you may have been injured as a result of the incident.
In the case of a person under the age of 18 court proceedings must be issued within three years of their eighteenth birthday unless, at that time, the person lacks mental capacity to instruct a solicitor themselves.
Where a person dies within those three years their personal representatives or dependants must issue court proceedings within three years of either the date of death or the date they knew, or (if later) ought to have known, that the person may have been injured as a result of the incident.
If your injuries have resulted in you losing mental capacity, the three year limitation period will not start to run until you are deemed to have regained mental capacity. That may never occur.
In certain circumstances a claim may be allowed to proceed even if time has run out. However, the important point to stress is that there is a time limit and that a claim, irrespective of its apparent merit, can become time barred. We therefore advise that you contact us about your potential case as soon as possible.
Getting specialist legal support for brain injury
The symptoms of acquired brain injury are unique to each individual. They can include problems with memory, concentration, speech, mobility, and personality and behavioural changes. A range of specialist medical and psychological expert opinions will be required for us to properly assess the injuries for the purposes of the claim. Further reports from, for example, experts in brain injury care and support will be required for us to value your claim.
This kind of compensation claim is complex and requires a personal injury lawyer with specialist experience in brain injuries cases and an understanding of the ongoing implications for people’s lives.
How our personal injury solicitors can help with a brain injury compensation claim
- Our team has many years’ experience and specialist knowledge in pursuing claims for adults and children who have suffered brain injuries
- Our department and lawyers are highly ranked by two of the most prestigious independent guides to the legal profession, ‘Chambers and Partners’and ‘The Legal 500’
- We are accredited by the Association of Personal Injury Lawyers (“APIL”) and three of our lawyers are accredited by the Law Society for their personal injury work
- Our team is also recommended by two leading brain injury charities, Headway (the national charity for adults with brain injury) and UK Acquired Brain Injury Forum (“UKABIF”), for its expertise in brain injury work. You can be confident that your case is in the hands of experts in brain injury litigation
- We actively support Headway, our local Brains Matter brain injury charity and were founding members of KABIF (Kent Brain Injury Forum), a regional group of UKABIF
- The breadth of experience in our personal injury team means it is likely that we have already recovered compensation in similar circumstances to yours
- We can help you with applications to the Court of Protection for appointing a deputy to manage the money of someone who has suffered brain injury or for setting up a personal injury trust. Our Court of Protection team, with whom we work closely, has a national reputation for excellence and is one of the largest Court of Protection teams in the country.
Our personal injury lawyers are here to help you every step of the way. We work in a supportive, considered and clear manner to ensure you get the compensation you need to rebuild your life. If possible, we will help you to access the right rehabilitation, medical care and support to maximise your recovery.
One of our specialist personal injury lawyers will handle your compensation claim and that lawyer will be involved in your case from start to finish. You will have your personal injury lawyer’s direct dial telephone number and email address so you will be able to contact your lawyer without difficulty.
We will give you clear advice on whether you have a claim for compensation at the outset and support you through each step of the process.
- Our overriding aim is to protect your interests and achieve the most advantageous outcome for the long term
- We will make sure your case is fully investigated
- We will focus on your individual requirements. Giving a personal service and acting with sensitivity are important to us
- We will create a team of specialist independent medical experts and a barrister with expertise in dealing with cases similar to your case
- We will make things as easy as possible and guide you through each stage of the process
- We can help you find out why your accident occurred and ensure that the same thing does not happen to somebody else.
Free initial consultation
Contact our team of specialist personal injury lawyers for a free, no obligation, consultation and we will listen to the circumstances of your accident before giving you clear advice on the chance of you recovering compensation. If we think you have a personal injury claim, we can offer you a “no win no fee” agreement to fund your case, giving you the financial security that you will not be “out of pocket” if the case is ultimately unsuccessful.
Call us or fill in our short enquiry form and we will assess your potential claim.