Brain Injury Claims for Compensation

Suffering a traumatic brain injury can have a significant long term impact on the quality of life of the victim, as well as their loved ones. The impact of a brain injury can be life changing, with many victims being left with severe cognitive or physical disabilities. If you or a loved one has suffered a brain injury as a result of someone else’s negligent actions, you may be entitled to claim compensation.

What are some common causes of brain injuries?

Head and brain injuries can be caused by various types of accidents. Some of the most common causes include slips, trips and falls, being struck by a falling object, a fall from a height at work, playing sports, construction site accidents at work, and road traffic accidents. Brain injuries can also occur as a result of medical negligence. This can include misdiagnosis, delays in treatment, and surgical errors.

Who can make a brain injury claim for compensation?

If someone else is responsible for causing your brain and head injuries, you may be entitled to make a claim for compensation. This is the case if the other party were wholly or only partially responsible for the brain and head injuries. The majority of brain injury claims are brought by those who have been injured in road traffic accidents, accidents at work, accidents in public places, or as a result of medical negligence.

If a traumatic brain injury has resulted in brain damage, meaning that the injured party no longer has the mental capacity to make their own claim for compensation, a loved one could bring a claim on behalf of the injured person.  

If you or a loved one has suffered a brain injury as a result of someone else’s negligent actions, contact Beacon Law, where one of our specialist personal injury lawyers will be able to provide expert advice about brain injury compensation claims.

What are the time limits for brain injury claims?

Before starting your claim for compensation, it is important to note that there are strict time limits on personal injury claims. From the date of the incident that caused the brain and head injuries, the injured party will have 3 years in which to commence proceedings for claiming compensation.

It must be noted, however, that there are some exceptions to this rule:

For example, if the claimant was under the age of 18 at the time of the incident, they have until their 21^st birthday to make their brain injury compensation claim. In the meantime, provided that the claimant is still under the age of 18, a litigation friend such as a parent, guardian, or close family member could claim compensation on their behalf.

Another exception to the 3 year time limit occurs when the claimant who has suffered a brain injury does not have the mental capacity to begin their compensation claim. Rather than being limited to making a claim within 3 years from the date of the incident, the claimant is entitled to begin their compensation claim at any moment in time once they regain the mental capacity to do so.

In the case of fatal accidents, where brain damage led to the death of the victim, a close family member of the deceased may claim compensation for the grief, pain, and suffering caused by their loss. The family member will have three years from the date on which the victim died to proceed with their compensation claim.

If the brain and head injuries were caused by a violent crime, such as an assault, the victim will have 2 years in which to begin their personal injury compensation claim.

What is the claims process?

During your initial consultation, our personal injury solicitors will provide you with advice about brain injury claims and will inform you about the relevant limitation rules.

Our personal injury lawyers will then ask you for details about your accident and the brain and head injuries that were suffered as a result. This will help our injury lawyers to assess the likelihood of your claim being successful. Examples of the relevant information that our lawyers may ask for include: the location, time, and date of the accident, the nature of the brain and head injuries suffered, details of anyone who may have witnessed the incident, details of the defendant, and the circumstances surrounding the accident.

During these initial stages of your claim for compensation, it is vital that you gather the relevant evidence to support your brain injury claim. Relevant evidence may include CCTV footage of the incident, medical records, photographs of your injuries, and witness statements.

Your personal injury solicitor may also ask that you undergo an official medical examination in order to receive medical reports about the brain injuries that you have sustained. These medical reports will provide vital medical evidence of the nature and extent of your injuries. Even if you have received other medical care prior to starting your personal injury claim, a more thorough medical assessment may still be needed to produce detailed, accurate, and reliable medical reports.

If we think that your brain injury claim would be likely to succeed, we will offer to proceed with your claim on a no win no fee basis; if your claim is unsuccessful, you will not be required to pay any legal fees.

The defendant will be notified about your claim, after which point they will need to decide whether they accept liability for your injuries. If the defendant accepts liability, negotiations for a settlement fee can commence. If the defendant denies their liability, court proceedings may follow.

How long do brain injury claims last?

Personal injury claims can vary in how long they take, depending on the complexity and severity of the injury suffered. If the defendant accepts liability, we aim to reach a settlement within 6 – 9 months. This may take longer, however, if the evidence is hard to find and the defendant is difficult to contact.

How much do brain injury compensation claims cost?

We understand that you may be concerned about your amount of compensation awarded being taken up by legal fees. At Beacon Law, all personal injury claims are made on a no win no fee basis. Making a claim on a no win no fee basis means that if your claim for compensation is unsuccessful, you will not be expected to pay for any of the legal costs of bringing a claim.

If your brain injury claim for compensation is successful, you will be charged a success fee. Provided that your claim is successful, we will deduct the success fee and outstanding legal costs from the sum of compensation that has been awarded. Our success fee is capped at 25%; however, you may also be required to pay an additional fee for legal expenses insurance if required. All fees will be discussed before we agree to take on your case.

What amount of compensation could I be awarded?

The amount of compensation awarded will aim to put the claimant in the position they were in before the accident that resulted in brain damage took place. The amount of compensation awarded will depend on the type of brain and head injuries suffered, as well as the severity of these injuries. The amount of compensation that could be awarded will also depend on the impact that the brain damage has had on the claimant’s daily life, whether any long term care is needed, and whether any structural adaptations need to be made to the claimant’s home in order to assist their new way of living.

The more serious the injury, the greater the amount of compensation that will be awarded. For example, someone who has suffered a traumatic brain injury with long term effects will be awarded a greater amount of compensation than someone who has suffered a less severe head injury that does not have a significant impact on the claimant’s daily life.

Special damages will also be awarded to compensate for any further financial loss that the claimant has suffered as a result of their brain or head injury. This could include compensation for a loss of earnings due to the time spent off work, loss of future earnings if the claimant has been left unable to work, the cost of medical treatment, travel costs, and the cost of ongoing care if this is needed. We advise that you keep evidence of all financial losses suffered as a result of your injuries. This could include receipts and invoices from medical treatment and evidence of any loss of earnings.

Due to the complex nature of brain injuries, it may be difficult for our personal injury solicitors to provide you with an exact estimation of the amount of compensation you could be awarded. Undergoing a medical assessment will provide a more accurate report on the injuries that have been sustained and will help when calculating the amount of compensation that you could be awarded.

If money is needed to cover any immediate costs, interim payments may be awarded. Interim payments are where a portion of the future compensation amount is paid to the claimant in advance. Interim payments will likely be made in circumstances where the claimant has been left unable to work as a result of their brain and head injuries. Interim payments may also be made if the claimant is forced to cover immediate expenses following the accident that they were involved in.

How Beacon Law can assist you

Whilst pursuing a brain injury claim, Beacon Law 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.

After suffering a head or brain injury, we believe that you should have access to the best possible medical care and support available, and we 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.