Brain Injury Claims

Suffering from a brain injury can be terrifying and devastating for both yourself and those around you. Brain injuries can be caused by various factors, such as road traffic accidents, accidents at work, sports and criminal assaults. The symptoms and severity levels can vary widely from headaches and dizziness to loss of consciousness, coma and permanent disabilities.

Even minor brain injuries can significantly impact a person’s life and hinder the functioning of various body parts. If you or a loved one was injured due to the negligence of a third party, you might have a valid brain injury claim.

Personal injury solicitors understand the delicate nature of brain injury cases and the significant impact they can have on claimants. They are dedicated to providing close support throughout your claim, ensuring that you receive the maximum brain injury compensation award possible.

To arrange a free consultation with a legal adviser, call 0800 470 0474 today or click here to request a call back.

What is a brain injury claim?

A brain injury claim is a legal process in which a person who has suffered a brain injury seeks compensation from the party or parties responsible for harming them. This could be a car driver, an employer, the owner of a private business, the local council or other entities.

The purpose of the claim is to obtain financial compensation for the victim to cover the costs of medical treatment, ongoing care, lost earnings, and other related expenses resulting from the injury. It also includes damages for physical or emotional pain and suffering, loss of enjoyment of life, and loss of amenity.

The compensation is intended to help the victim recover from their injuries and put them back in the position they would have been in had the accident or injury not occurred, as much as possible. In addition, it serves as a deterrent to the responsible party to prevent them from causing similar harm in the future.

The claims process can be complex and may require the assistance of a personal injury solicitor to ensure the victim receives the brain injury compensation they deserve. It involves gathering evidence to prove liability, as well as the full extent of the injuries you suffered and their long-term impact. Based on this, your solicitor will calculate a fair settlement and negotiate with the other side to ensure you are fully compensated for your losses.

Am I eligible to make a claim following my brain injury?

There are multiple ways in which a person can suffer an injury to the brain, which may be the result of another person’s actions or negligence. If you have been the victim of a brain injury and it can be proven that this resulted from another party’s negligent acts, you may be entitled to claim compensation.

The simplest way to find out whether you have a valid brain injury claim is by requesting a free case assessment with an experienced legal adviser. They will consider the specific circumstances of your case to determine whether:

• The injury occurred within the last three years (there are some exceptions to this rule)
• It was due to the fault or negligence of someone else who owed you a duty of care
• The injury resulted in physical or emotional harm
• You can provide evidence to support your claim

Based on the circumstances of your accident, various UK legislation may be used to prove the defendant breached their duty of care towards you. Some examples include the Road Traffic Act 1988, the Health and Safety at Work etc. Act 1974 and the Occupiers’ Liability Act 1957. You do not have to worry about proving a breach of duty, as your solicitor will handle all the legal aspects of your case.

To arrange a free case assessment and find out whether you or a loved one can claim brain injury compensation, call 0800 470 0474 or arrange a call back. If you have grounds to take legal action, your solicitor will offer you a no win no fee* service, so it will not cost you anything if your case fails.

What are the most common types of brain injuries?

There are generally two main categories of brain injuries: acquired brain injuries and traumatic brain injuries. While the causes of these injuries may differ, they can both have similar effects on the victim’s cognitive, emotional, and physical abilities, as well as other bodily functions. In the most severe cases, they can result in permanent physical and/or mental disabilities that cannot be reversed.

Acquired brain injury

Acquired brain injury is damage to the brain that occurs after birth, so it is not congenital, degenerative or hereditary. Unlike traumatic brain injuries, acquired brain injuries occur on a cellular level, affecting cells throughout the entire brain rather than a specific area. There are various causes of acquired brain injury, including:

• Stroke
• Brain infections such as meningitis or encephalitis
• Oxygen deprivation to the brain
• Exposure to toxins or poisons
• Tumours or other abnormal growths in the brain
• Traumatic events such as falls, car accidents, or physical assaults
• Drug or alcohol abuse
• Neurological disorders such as Parkinson’s or Alzheimer’s disease

Traumatic brain injury

A traumatic brain injury occurs when a person receives a direct blow to the head, causing damage to the skull and brain. The extent of the injury is dependent on the intensity of the impact. Several factors can cause traumatic brain injuries, which include:

• Being involved in a car crash
• Falling from heights
• Suffering head injuries in a sporting event
• Being the victim of a physical assault

In a car accident, for example, the sudden forward and backward movement of the head can cause the brain to move dangerously within the skull. When this happens, the nerve fibres within the brain can separate and cause damage to the brain tissues. If you were involved in an accident due to someone else’s negligence, you might be able to start a brain injury claim.

In summary, the main difference between acquired and traumatic brain injury is the cause of damage to the brain. Acquired brain injury is due to non-traumatic events, while traumatic brain injury may occur after sudden physical trauma to the head. Symptoms of a brain injury can vary depending on the type and severity, but the most common ones include:

• Loss of consciousness or confusion
• Headaches, dizziness, and difficulty balancing or walking
• Nausea and vomiting
• Sensory problems such as blurred vision or ringing in the ears
• Mood changes such as anxiety, depression, or irritability
• Cognitive issues, such as difficulty concentrating or memory issues
• Seizures or convulsions
• Weakness or numbness in the limbs
• Sleeping problems or changes in sleeping patterns

The solicitors we work in partnership with have worked alongside many clients in this field and have successfully achieved the maximum possible compensation awards on their behalf. If you would like to discuss the particular details of your case during a free, no-obligation consultation, call 0800 470 0474 today.

During this consultation, a trained legal adviser will assess the possible outcome of your claim and provide guidelines as to the realistic timescale and brain injury compensation award that you can expect. They will also happily answer any questions or concerns you may have about the process of making a claim.

What is considered a serious brain injury?

The severity of a brain injury usually depends on the duration and intensity of the impact on the head, as well as the location and extent of the damage to the brain tissue. A serious brain injury is typically defined as an injury that causes significant and often long-lasting damage, leading to a range of physical, cognitive, and emotional impairments.

Examples of serious brain injury can include:

• Severe traumatic brain injury (TBI) caused by a blow to the head
• Brain damage resulting from lack of oxygen due to drowning or choking
• Stroke resulting in brain damage
• Brain injury caused by infections such as meningitis or encephalitis
• Brain injury caused by tumours or other medical conditions affecting the brain

These types of injuries can have long-lasting effects that can significantly alter a person’s lifestyle. They usually need extensive medical treatment, rehabilitation and support. Individuals who suffer a serious brain injury may have trouble returning to work and experience long-term consequences, such as:

• Physical disabilities, such as paralysis, difficulty with coordination and balance, and sensory impairment;
• Cognitive impairments like memory loss, difficulty with problem-solving and language;
• Emotional and behavioural changes such as depression, anxiety, aggression, and impulsivity;
• Fatigue and sleep problems, which can make it challenging to carry out daily activities;
• Social isolation, as they may find it hard to communicate and participate in social activities.

If you or a loved one suffered a serious brain injury due to someone else’s negligence, you might be entitled to compensation for your pain, suffering and related financial losses.

What are common causes of brain injuries?

Some of the most common causes of brain injuries that may result in a successful brain injury claim include the following:

Slips, trips and falls

Falling from heights, slipping on wet surfaces, and falling down stairs can cause the head to hit the ground or other objects, causing a jolt to the brain. That can result in a concussion or other types of traumatic brain injuries that may have long-lasting effects on a person’s health and daily functioning.

Road traffic accidents

When a person is involved in a car, motorcycle, or bicycle accident, their head may be violently shaken or hit, resulting in brain injuries that may range from mild to life-changing. The severity of the damage can depend on factors such as the speed and force of the collision, whether the person was wearing a seatbelt or helmet, and other individual factors. Even if there are no visible signs of injury, such as a laceration or open wound, the brain can still be damaged in a collision.

Assaults

Violent assaults can cause brain injury if the head is punched, kicked, or hit with a blunt object. A person knocked to the ground could also hit their head on the road or pavement, causing devastating injuries. These types of injuries can cause severe and lasting brain damage, affecting cognitive and physical abilities, as well as emotional and behavioural functioning. Victims of violent assaults may also suffer post-traumatic stress disorder (PTSD) and need ongoing medical and psychological treatment.

Work-related accidents

Work-related brain injuries can occur for various reasons, such as falls from height, being struck by an object, scaffolding accidents, being caught between machinery, vehicle collisions or exposure to hazardous substances or radiation. Certain professions, like construction workers, miners, firefighters, and healthcare workers, may be at a higher risk of sustaining brain injuries due to the nature of their work. If your employer failed to protect your health and safety, you might be able to start a work accident claim against them.

Toxins and chemical poisoning

Exposure to harmful chemicals, such as lead, mercury, or carbon monoxide, can cause damage to the brain cells and lead to long-term cognitive impairment. Symptoms may include headaches, dizziness, confusion, seizures, and loss of consciousness. It is essential to take precautions when working with hazardous chemicals and to follow safety guidelines to prevent brain injury. Landlords and other property owners should also ensure properties are regularly inspected to minimise the risk of carbon monoxide poisoning.

Being hit by falling objects

Being hit by a falling object can also cause brain injury, especially if it is heavy or falls from a great height. This can happen in various settings, such as construction sites, warehouses, or even public places where objects may become dislodged and fall from scaffolding or buildings. Depending on the severity of the impact, a brain injury can result in various symptoms ranging from mild to severe and, in some cases, life-threatening.

Sporting injuries

Sporting accidents can lead to brain injury, particularly in contact sports like football, boxing, rugby, and hockey. The impact of a collision, fall or blow to the head can cause the brain to move within the skull and result in a traumatic brain injury. Other sports like skiing, snowboarding, skateboarding and cycling can also result in brain injuries due to falls or collisions. Even non-contact sports such as horse riding, gymnastics and diving can result in brain injuries if the participant falls or lands awkwardly.

Explosive blasts and combat injuries

Military personnel and civilians exposed to explosives may suffer from traumatic brain injuries. The force of the blast can cause the brain to move rapidly and violently within the skull, resulting in bleeding and swelling. The shockwaves from an explosion can also create a pressure wave that travels through the brain, damaging the tissues and causing injury. Soldiers in combat may be at risk of sustaining a brain injury from other causes, such as being hit by shrapnel, bullets or debris, or from falls or vehicle accidents.

Medical negligence

Medical negligence can lead to a brain injury due to errors made during surgery, misdiagnosis, delayed treatment, or medication errors. Examples include mistakes during brain surgery, failure to provide adequate oxygen during a procedure, or failure to diagnose or treat a severe condition such as a stroke. Medication errors, such as administering the wrong medication or dosage, can also result in brain injury.

This list is not exhaustive, and many other circumstances may entitle you to claim brain injury compensation. If you believe that another party is responsible for your pain and suffering, call 0800 470 0474 or use our online claim form to arrange a free consultation with a friendly legal adviser.

How much compensation can I claim for brain injuries?

Each claim is different, and before providing an estimate of your brain injury compensation award, a solicitor needs to assess the details of your case. This evaluation is carried out during a free, no-obligation consultation where the solicitor will ask questions about your injury and the circumstances surrounding the accident.

The more severe your symptoms and their detrimental effect on your life, the larger the compensation award will be. Your solicitor will work closely with you to gather evidence relating to your condition and the liability of the other party to secure the highest possible settlement award.

As well as claiming compensation for the pain and suffering caused by your accident (known as general damages), you can also claim compensation for any financial losses you have suffered as a result (known as special damages). Some examples of factors that may be considered in your brain injury claim include the following:

• Physical pain and suffering caused by the injury
• Loss of enjoyment of life
• Mental anguish and emotional distress
• Loss of consortium or companionship
• Permanent disability or impairment
• Medical expenses, including hospital bills, doctor visits, and medication costs
• Lost wages and loss of earning capacity
• Property damage, such as damage to a vehicle in a car accident
• Rehabilitation and therapy expenses
• Home care and assistance expenses, such as hiring a nurse or caregiver
• Travel expenses related to medical treatment or other necessary appointments
• Any other expenses or financial losses incurred as a direct result of the injury

Insurers and solicitors refer to the Judicial College Guidelines to help determine a fair compensation award for general damages. Some examples include:

• £2,210 to £12,770 for minimal brain damage with recovery within a few weeks
• £15,230 to £43,060 for a moderate brain injury with good recovery but a chance for ongoing memory and concentration issues
• £43,060 to £219,070 for brain injuries that affect memory and cause changes in personality and a high chance of epilepsy, with reduced ability to work
• £219,070 to £282,010 for a severe brain injury causing loss of feeling in limbs and some degree of mental disability
• £282,010 to £403,990 for very severe brain damage with little or no language function and need for full-time care and assistance

How to make a brain injury compensation claim?

If you or someone you know has suffered a brain injury due to the negligence or fault of another party, you may be entitled to claim brain injury compensation. Here are the steps to follow if you want to start a personal injury claim:

Seek medical attention

If you are involved in any kind of accident, the priority is to seek medical attention as soon as possible. This is important for your health and well-being and also to ensure that your injuries are properly documented.

Gather evidence

Collect any evidence related to your accident and injury, including:

• The names and contact details of any witnesses to the accident who could later provide a statement
• Photographs of the accident scene before anything has been removed or replaced
• Medical reports regarding diagnostic tests, interventions and recovery prospects
• Police reports, if you were involved in a severe traffic accident, hit-and-run or criminal assault
• Copies of CCTV or dashcam footage, where available
• Accident reports if you were injured at work or in a public place
• A record of all financial losses and expenses related to your accident and injury

Contact a personal injury solicitor

Contact a personal injury solicitor with expertise in brain injury claims to discuss your case. They can provide you with a free initial consultation to assess the strength of your claim and advise you on the next steps.

Start the claim process

If you decide to proceed with a claim, your solicitor will guide you through the process. They will help you gather evidence to support your case and draft a letter of claim, which outlines the details of your injury and the compensation you are seeking. This will be sent to the defendant, who has a set amount of time to respond.

Negotiations

The defendant will either accept or deny liability for your injury. If they accept liability, negotiations will begin to determine the appropriate brain injury compensation amount. If they deny liability, your solicitor may advise you to take your claim to court.

Settlement or Court proceedings

If an agreement is reached, you will receive a settlement offer. If you accept the offer, the case will be closed. If you cannot agree with the other side, court proceedings may be necessary.

Compensation

If your claim is successful, you will receive compensation for your losses. The amount will depend on the severity of your injury, its impact on your life, and any financial losses you have incurred as a result.

Overall, the process of making a brain injury claim can be complex and stressful. Working with a specialist solicitor who can guide you through the process and help you achieve the best possible outcome is essential. To start a brain injury claim or learn more about the claims process, call 0800 470 0474 today. Alternatively, you can enter your details here to receive a no-obligation call back from an experienced legal adviser.

How long will it take to complete my case?

Brain injury claims can be complicated due to the nature of the injury, which can result in permanent physical and mental disabilities. Even if the defendant admits liability, gathering all the necessary information to begin negotiations and reach a fair settlement can still take a significant amount of time.

The time it takes to complete your case will depend upon the individual circumstances of your claim. However, a significant brain injury claim will usually take at least three years to settle, as it can take several years to understand the full impact the injury will have on your working ability and daily life.

Some of the factors that have the most impact on how quickly a solicitor can reach a settlement offer include the following:

• Establishing liability and the defendant accepting responsibility
• Providing evidence of your diagnosis and the severity of your symptoms
• Delays arising from medical professionals and assessors
• Determining what is required in the future for your recovery and rehabilitation
• Difficulties in tracing and contacting witnesses
• Delays caused by external parties such as police, safety assessors and employer representatives
• Inability to obtain relevant and crucial evidence.

Once your solicitor has gathered all the necessary evidence, they will strive to negotiate the highest brain injury compensation award on your behalf as quickly as possible.

Is there a time limit to claim compensation for a brain injury?

If you have suffered a brain injury that you believe was someone else’s fault, you usually have three years to claim compensation, starting from the date of your accident or when your injury was diagnosed. It is important to note that, after this period, your brain injury claim could be statute-barred. This means you would lose your right to claim compensation.

However, there are some exceptions to the three-year limitation period:

• If a child has suffered a brain injury, the time limit does not apply until they turn 18. A parent or another suitable adult can claim brain injury compensation for them at any point before their 18th birthday.
• There is no time limit if the injured person lacks the mental capacity to claim, either due to the brain injury or a pre-existing condition such as an intellectual disability or mental health issue. The three-year time limit starts to run if they regain capacity.
• If you have suffered an injury outside of the UK, the time limits and requirements for starting a claim can vary considerably between countries and may be much shorter than three years. It is vital to seek advice from a skilled legal professional experienced with international brain injury claims to determine the best course of action.
• If you were the blameless victim of a violent crime, you could claim through the Criminal Injuries Compensation Authority (CICA). In general, you must make your claim with the CICA within two years of the date of the incident that caused the brain injury.
• If you were injured while serving in the military, there is a seven-year time limit to claim through the Armed Forces Compensation Scheme (AFCS).
• If a loved one has died due to a brain injury, the time limit to make a claim is generally three years from the date of death. Alternatively, the three years may start from when a post-mortem confirmed a brain injury as the cause of death.

To ensure that your brain injury claim falls within the required time limits, it is advisable to contact a solicitor as soon as possible. Starting your claim early also has several benefits, such as helping you access specialised treatment and services for a better recovery. Moreover, this will make gathering evidence to support your case more straightforward, such as obtaining witness statements or securing vital documents before they get lost or destroyed.

Can I make an injury claim on behalf of someone else?

Yes, you may be able to make a brain injury claim on behalf of someone else if they are unable to do so themselves. This may include cases where the injured person is a minor, lacks mental capacity, or has passed away due to their injury.

To claim on behalf of someone else, you will need to be appointed by the court as their litigation friend. To become a litigation friend in the UK, you will need to make an application to the court, which should include the following:

• A written request to the court to act as a litigation friend on behalf of the injured person
• Evidence of your relationship with the injured person, such as a birth certificate or a copy of the court order that appointed you as their deputy
• Proof that the claimant is unable to conduct legal proceedings, such as a medical report from a qualified medical professional
• A statement of your suitability to act as a litigation friend, including your ability to fairly and competently conduct the legal proceedings on behalf of the injured person

Once the court has considered your application and appointed you as a litigation friend, you will have the legal authority to conduct legal proceedings on behalf of the injured person. This will involve several duties and responsibilities, such as:

• Acting in the claimant’s best interests
• Gathering evidence to support the brain injury claim
• Keeping updated on proceedings
• Making decisions about the case and any settlement offers
• Instructing legal representatives, such as solicitors or barristers
• Paying any fees requested by the court

It is essential to seek the advice of a qualified legal professional who has experience with litigation friend appointments and brain injury claims to ensure that you fulfil your duties correctly and effectively. They will guide you through the claims process and ensure you receive the maximum compensation award possible.

Do brain injury solicitors provide a no win no fee service?

If you suffered a brain injury in an accident that was not your fault, the solicitors at Injuryclaims.co.uk could help you start a no win no fee claim. That means you do not have to pay any upfront fees, and there is no financial risk to you if your case is unsuccessful.

If the case is successful, the solicitor’s fees are paid as a percentage of the brain injury compensation awarded to you. This percentage, known as a success fee, is agreed upon at the outset of the case and cannot exceed 25% of your settlement.

A no win no fee service is often used in personal injury cases, including brain injury claims. It allows everyone to access legal representation regardless of their financial situation and pursue compensation without worrying about the upfront costs or being left out of pocket.

As part of this agreement, your solicitor will take out a legal expenses insurance policy on your behalf. This is known as After the Event (ATE) and provides financial protection against legal costs and expenses such as:

• The cost of expert witnesses
• Court fees
• Barrister fees if your claim goes to trial
• Disbursements like medical reports and administrative costs
• The defendant’s legal costs

The cost of the ATE insurance policy is typically based on the level of risk involved in the case, and you only have to pay for the premium if your claim is successful.

If you or a loved one has suffered a brain injury due to someone else’s negligence, call 0800 470 0474 or use the contact form below to arrange a free consultation with a friendly legal adviser. If you have a valid brain injury claim, you will be offered a no win no fee service to pursue the compensation you deserve with no financial risk.