A traumatic brain injury can have a profound, lasting effect on the victim and their family. It can lead to severe cognitive or physical limitations and significantly alter their lives. If the injury was caused by another person’s negligence, you may be eligible for compensation.

The specialist solicitors at Beacon Law are experienced in brain injury cases and have worked with many clients over the years, compiling a significant amount of knowledge on the subject and process.

What are some common causes of brain injuries?

Head and brain injury claims can stem from various accidents, including slips and falls, being hit by a falling object, workplace accidents such as falls from height or construction site mishaps, sporting accidents, and vehicular accidents. They can also result from clinical negligence, like misdiagnosis, delayed treatment, or surgical mistakes.

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. The two main categories of brain injuries are acquired brain injuries (ABI) and traumatic brain injuries (TBI).

Acquired Brain Injuries (ABI) 

Acquired brain injuries is a broad term that refers to brain injuries that occur after birth. 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)

A traumatic brain injury is a type of acquired brain injury. 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 constant care and rehabilitation. 

Are you eligible to make a claim with a brain injury claim solicitor?

If you or a loved one have acquired a brain injury due to another party’s negligence, you may be eligible to pursue compensation with our brain injury specialists. This includes instances where the party is fully or partially responsible. Common causes of brain injury claims include road traffic accidents, workplace accidents, public accidents, and medical malpractice.

In cases where the brain injury results in brain damage and the affected individual is no longer capable of making a claim, a family member can act on their behalf.

If you believe that you have a case for compensation, reach out to Beacon Law. Our experienced personal injury lawyers will offer expert advice on brain injury compensation claims.

What are the time limits for making a claim?

It’s crucial to be aware of the time limits for filing a personal injury compensation claim, especially for brain and head injuries. In general, the deadline is 3 years from the date of the incident. However, there are exceptions:

• Minors have until their 21st birthday to file a claim. Until then, a legal representative can file on their behalf.
• If the claimant lacks mental capacity, they can file at any time once they regain it.
• In the event of a fatal accident, close family members have 3 years from the victim’s death to claim compensation for their loss.
• If the injury resulted from a violent crime, the victim has 2 years to file.

What is the process for a brain injury claim?

During the initial consultation with our specialist brain injury claim solicitors, you will receive advice on brain injury claims and be informed of the time limit regulations. Our lawyers will ask for information regarding your accident and the resulting brain injuries. This information will be used to evaluate the chances of your claim being successful. Possible questions include details about the accident location, time, date, witness accounts, defendant, and circumstances.

It is important to gather evidence during the early stages of your claim to support your case. Evidence may include CCTV footage, medical records, injury photos, and witness statements. Your personal injury lawyer may also request a formal medical examination to produce medical reports on your brain injuries. These reports will provide crucial medical evidence of the type and extent of your injuries.

If your claim is deemed likely to succeed, our firm will offer to represent you on a “no win no fee” basis, meaning you won’t have to pay any legal fees if the claim is unsuccessful.

The defendant will be notified of your claim and may either accept or deny responsibility for your injuries. If responsibility is accepted, settlement negotiations may begin. If denied, legal proceedings may ensue.

How long can the process take?

The length of time it takes to settle a personal injury claim can vary based on the complexity and severity of the injury. If the defendant accepts responsibility, we strive to reach a settlement within 6 to 9 months. However, this timeframe may be extended if the necessary evidence is difficult to obtain or the defendant is hard to reach.

How much do brain injury claim solicitors cost?

At Beacon Law, we understand your concerns about legal fees affecting your compensation award. That’s 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 you get?

The purpose of compensation awarded to brain damage claimants is to bring them back to their pre-accident state, as closely as possible. This compensation amount depends on the type, severity and impact of brain/head injuries sustained, as well as any long-term care or home modifications required to help the claimant adjust to their new life. In general, the more serious the injury, the higher the compensation amount.

Along with the main compensation, special damages may also be awarded to compensate for any financial losses incurred as a result of the injury. This could include lost earnings from time off work, loss of future earnings if the claimant is unable to work, medical expenses, travel costs, and ongoing care costs if needed. It is recommended to keep records of all financial losses incurred, including medical receipts and invoices, as well as evidence of loss of earnings.

Due to the complex nature of brain injuries, it may be difficult for personal injury solicitors to provide an exact estimate of the compensation amount. However, undergoing a medical assessment can give a more accurate report of the injuries sustained and help determine the compensation amount.

In cases where immediate funds are needed, interim payments may be made. This is where a portion of the future compensation amount is paid to the claimant in advance. Interim payments are likely to be made if the claimant is unable to work due to their injury, or if they need to cover immediate expenses after the accident.

In conclusion, compensation for brain damage victims is meant to restore their pre-accident state and takes into account the type, severity and impact of injuries, as well as any financial losses incurred. A medical assessment can give a more accurate report and determine the compensation amount.

How can Beacon Law’s brain injury claim solicitors assist you?

Whilst pursuing a brain injury claim, Beacon Law brain injury lawyers and solicitors can be your source of support and will help you recover the amount of compensation that you deserve. We understand that the process of making personal injury claims can be difficult, so we will be there to guide you every step of the way.

If you have suffered a brain injury, we believe that you should have access to the best possible medical care and support available, and our brain injury claim solicitors endeavour to provide this to our clients. Due to our association with medical professionals, we are able to provide you with private treatment to assist you in your recovery.

Our personal injury solicitors are able to provide expert legal advice for many types of claims, including brain and head injuries that have been caused by accidents at work, road traffic accidents, medical negligence, and many more.

We value each client that we have the pleasure of working with, listen carefully to our clients’ wishes, and will aim to complete your claim in a timely manner so that you can receive the compensation that you deserve as soon as possible.

Please do not hesitate to get in touch today to discuss your case with a member of our experienced team. You can contact us using the online form below or email us at info@beaconlaw.co.uk.