A traumatic brain injury can have a severe impact, affecting not only the individual but also their family and loved ones. Brain injuries can lead to serious cognitive or physical limitations that can significantly alter an individual’s daily life.

A serious brain or head injury may cause you to need to take time off work or may even require you to change your job if you are no longer able to perform your duties as a result. You may also require more help and assistance from family or friends in carrying out day-to-day tasks.

For individuals who have suffered a brain injury due to someone else’s negligence or through circumstances beyond their control, seeking compensation can be a crucial step toward recovery.

If you were involved in an accident that led you to suffer a brain injury due to negligence, you may be eligible to claim for compensation. If you would like more information on the process of making a compensation claim with one of our expert brain injury claim solicitors, then please do not hesitate to get in touch with us today.

Common accidents that lead to brain injury claims

Brain injury claims often arise from a variety of accidents where the head sustains significant trauma. Some common accidents that lead to brain injury claims include:

Road traffic accidents: Car, motorcycle, bicycle, and pedestrian accidents are major causes of traumatic brain injuries. Collisions can lead to severe head trauma, especially when seatbelts or helmets are not used.

Workplace accidents: Industrial or construction site accidents often involve falls from heights, being struck by falling objects, or machinery malfunctions. All of these can result in serious head injuries.

Slips, trips, and falls: These accidents, whether in public places or private properties, can lead to head trauma if the person strikes their head on a hard surface during the fall.

Medical negligence: Errors during surgery, anaesthesia, or childbirth can sometimes lead to brain damage. Lack of oxygen to the brain or improper care can result in permanent injury.

Sports injuries: Contact sports like football, rugby, or boxing, as well as extreme sports, can result in head injuries. While many athletes are aware of the risks, negligence in safety protocols can lead to claims.

Assaults or violence: Physical assaults can cause severe brain trauma. Victims of violent attacks may file a claim for compensation if the injury was caused by criminal acts or inadequate security.

Defective products: Malfunctioning safety equipment (like helmets or seatbelts) or defective consumer products can lead to accidents resulting in brain injuries.

What should I do after a brain injury accident?

There are a number of steps you should try to take following a brain injury accident. These include:

• Seek emergency medical care immediately. Brain injuries can have serious consequences, and timely treatment is crucial.
• Gather information about the accident, including photographs, witness statements, and police or accident reports.
• If the injury occurred at work, inform your employer and report the incident according to workplace procedures.
• Keep copies of all medical records, including diagnoses, treatment plans, and any rehabilitation.
• If the brain injury resulted from someone else’s negligence or fault, consult a solicitor specialising in head injury claims. They can help you understand your legal options and the process for pursuing compensation.

Types of brain injuries

Brain injuries can cause a wide range of symptoms, including long term pain and suffering. No two brain injuries are ever the same. Brain injuries are classified according to how the injury was sustained and the severity of the injury.

Acquired brain injuries (ABI) 

Acquired brain injuries is a broad term that refers to brain injuries that occur after birth, as to being present at birth or hereditary. These types of injuries can include traumatic brain injuries (TBI) and also brain injuries due to ill health, such as a tumour, stroke or a brain haemorrhage.

Traumatic brain injuries (TBI)

Traumatic brain injuries refer to brain injuries resulting from a traumatic blow to the head. A traumatic brain injury can occur when an object suddenly hits the head or when a sharp object pierces through the skull and damages the brain tissue. Traumatic brain injuries can cause severe brain injuries or damage, which can have lifelong implications for the sufferer and their loved ones.

Severe brain injuries

A brain injury is categorised as severe if the sufferer remains unconscious for more than 6 hours or if they have memory loss (amnesia) that lasts longer than 24 hours. The longer the sufferer is unconscious for, the more serious the long term damage to the brain. In severe brain injury cases, the damage may be long lasting or even permanent, and the sufferer may end up with life changing cognitive, physical or behavioural disabilities, which require long term care and rehabilitation.

What is the brain injury claims process?

During your initial consultation, our team of brain injury claims solicitors will provide you with comprehensive advice regarding your brain injury compensation claim and inform you about the relevant limitation rules that apply.

Our experienced lawyers will request detailed information about your accident and the injuries you sustained as a result. This information will enable our injury lawyers to assess the likelihood of a successful claim on your behalf.

Examples of the information our lawyers may require include the location, date, and time of the accident, a description of the nature of your injuries, details of any witnesses to the incident, information about the defendant involved, and a thorough understanding of the circumstances surrounding the accident.

During the initial stages of your compensation claim, it is crucial to gather relevant evidence to make a no win, no fee agreement claim. This evidence may consist of CCTV footage of the incident, medical records documenting your injuries, photographic evidence of the harm suffered, and statements from witnesses.

In some cases, your personal injury solicitor may recommend undergoing an official medical examination to obtain detailed medical reports specifically related to your injuries. A medical assessment by an independent specialist is usually required to provide an expert opinion on the severity of the brain injury and its effects. This will help quantify the damages (compensation) you may be entitled to.

If we determine that your brain injury claim is likely to succeed, we will support your claim and offer our work on a no win, no fee basis. This means that if your claim is unsuccessful, you will not be required to pay any legal fees.

Once your claim is filed, the defendant will be notified, and they will have the opportunity to accept or deny liability for your injuries. If liability is accepted, negotiations for a settlement will commence. However, if the defendant denies liability, court proceedings may be necessary to resolve the dispute.

How much do brain injury claim solicitors cost?

At Beacon Law, we understand your concerns about legal fees affecting your compensation award. That is why all of our personal injury claims are handled on a “no win no fee” basis. This means that if your compensation claim is unsuccessful, you won’t have to pay for any legal costs.

If your brain injury claim is successful, a success fee will be charged. The success fee and any remaining legal costs will be deducted from the compensation award. The success fee is capped at 25%, and there may be additional fees for legal expenses insurance if necessary. All fees will be discussed with you before we agree to take on your case.

How much compensation could I receive?

The amount of compensation you can receive for a brain injury depends on several factors, including the severity of the injury, its long-term impact on your life, and any financial losses you’ve suffered as a result.

Brain injury compensation is typically split into the following categories:

• General Damages: These damages aim to compensate for the pain, suffering, and loss of amenity caused by the injury. The severity and long-term effects of the injury are significant factors in determining the general damages awarded.
• Special Damages: Special damages cover the quantifiable financial losses incurred because of your injuries. This includes medical expenses, rehabilitation costs, loss of earnings (both past and future), expenses related to care and support, and any necessary adaptations to the individual’s living arrangements.

It is important to note that there is no fixed compensation award for a brain injury compensation claim, as each case is unique. The final compensation amount will be influenced by the specific circumstances and the evidence presented in the case. Our specialist brain injury solicitors will also advocate for interim payments to cover any immediate costs, such as private medical treatment and travel expenses.

What are the time limits for making a brain injury claim?

In the UK, there are specific time limits, known as limitation periods, for making a personal injury compensation claim. These time limits are set out in the Limitation Act 1980. Typically, you must make a claim within 3 years of the date the brain injury occurred or from the date you became aware of the injury and its impact.

For brain injuries caused by a crime, such as an assault, you may claim through the Criminal Injuries Compensation Authority (CICA). The time limit for CICA claims is generally 2 years from the date of the crime or from when you became aware of the injury’s impact.

However, it is important to note that there are some exceptions and variations to the general limitation period. These exceptions include the following:

• Minors: If the injury claim involves a person who was under the age of 18 at the time when the brain injury occurred, the three-year limitation period does not begin until their 18th birthday. In such cases, a claim can be made at any time before the person turns 21.
• Mental Capacity: If the injured person lacks the mental capacity to make legal decisions, there is no time limit for making a claim. The limitation period only starts when the person regains capacity. For individuals with brain injuries who may lack capacity, the Mental Capacity Act 2005 provides a framework for assessing whether they can understand, retain, use, and communicate information relevant to a decision.

How can Beacon Law assist?

At Beacon Law, our team of brain injury claim solicitors are highly experienced and capable of assisting clients on brain injury cases. We work tirelessly to achieve the best outcome for our clients, continually providing a high standard of service.

To find out more about our no win, no fee claims funding and legal fees, please have a look at the funding section on our website.

If you have suffered a brain injury at the fault of someone else and you are looking to bring a claim, then please call our team today on 0330 1332 857. Alternatively, you can complete our contact form at the top of the page to request a call back from a member of our personal injury team.

Beacon Law is a law firm registered in England and Wales with our registered office based in Manchester. We are authorised and regulated by the Solicitors Regulation Authority.