Compensation from Traumatic Brain Injury with Beacon Law

 

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What is a traumatic brain injury?

A traumatic brain injury (TBI) can have devastating, long term mental and physical impacts on the injured person, as well as on their close friends and family members. Traumatic brain injuries can be caused by a range of accidents and incidents. Regardless of the cause, recovering from a traumatic brain injury will be the main priority to help the injured person get their life back on track.

If you were involved in an accident that caused you to suffer a brain injury, you could be entitled to compensation. The specialist solicitors at Beacon Law are experienced in head and brain injury cases and have worked with many clients over the years, compiling a significant amount of knowledge on the subject and process.

Wondering the amount of compensation from a traumatic brain injury you could receive? Get in touch with our team today to find out how much you could receive if your claim is successful.

What are some common causes of traumatic brain injury compensation claims?

Traumatic brain injury (TBI) compensation claims often arise when an individual suffers a TBI due to someone else’s negligence or wrongful actions. Here are some of the most common causes that lead to compensation claims:

1. Road Traffic Accidents

  • Car accidents: High-impact collisions often cause TBIs, particularly from head trauma or whiplash.
  • Motorcycle accidents: Riders are especially vulnerable due to less physical protection, even with helmets.
  • Cycling accidents: TBIs can result from collisions with vehicles or falls.
  • Pedestrian accidents: Being struck by a vehicle often leads to serious head injuries.

2. Workplace Accidents

  • Falls from height: Common in construction and manual labour roles, falling from ladders, scaffolding, or roofs can cause TBIs.
  • Industrial accidents: Being struck by falling objects or machinery can lead to severe head trauma.
  • Slip and trip accidents: Even low-level falls can cause a TBI, particularly for workers on slippery surfaces.

3. Public Liability Accidents

  • Slips and trips in public spaces: Poorly maintained premises, like wet floors, uneven pavements, or poorly lit stairways, can lead to falls causing head injuries.
  • Falling objects: Items improperly secured in shops, warehouses, or other public spaces can strike someone on the head.

4. Medical Negligence

  • Misdiagnosis or delayed treatment: Failing to identify and treat a TBI promptly can worsen the damage.
  • Surgical errors: Mistakes during brain surgeries or other medical procedures can cause or aggravate TBIs.

5. Sports and Recreational Accidents

  • Contact sports injuries: Football, rugby, and boxing often see head injuries that may result in claims if caused by negligence (e.g., unsafe play or lack of protective equipment).
  • Accidents in leisure facilities: Poorly maintained equipment or hazardous conditions in gyms, pools, or other recreational facilities can lead to head injuries.

6. Assaults and Criminal Injuries

  • Physical attacks: A person suffering a TBI during an assault may be eligible for compensation through civil claims or criminal injury compensation schemes.

7. Defective Products

  • Vehicle defects: Faulty airbags, seatbelts, or other safety features failing to protect during an accident.
  • Defective helmets or safety gear: Failing to offer the intended protection in sports or work environments.

8. Accidents Involving Children

  • Children are particularly vulnerable to TBIs from playground accidents, school incidents, or poorly maintained equipment.

Types of Brain Injuries

Brain injuries are complex and often life-altering, with the potential to cause a wide array of physical, cognitive, and emotional symptoms. Each brain injury is unique, and its effects can vary significantly depending on the type and severity of the injury.

Brain injuries are typically categorized based on how they occur and their severity. The two primary categories are acquired brain injuries (ABI) and traumatic brain injuries (TBI):

Acquired Brain Injuries develop after birth and encompass a broad range of causes, including trauma as well as medical conditions like strokes, brain tumours, or haemorrhages. The impact of an ABI depends on the nature and seriousness of the injury, often leading to significant changes in the individual’s physical and mental capabilities.

A TBI is a specific type of ABI that results from an external force, such as a blow to the head or an object penetrating the skull and damaging brain tissue. TBIs can range from mild to severe, with severe cases often leading to long-term or permanent damage.

A traumatic brain injury is defined as severe if:

  • The individual remains unconscious for more than six hours.
  • Memory loss (amnesia) persists for over 24 hours.

Severe brain injuries can result in lasting physical, cognitive, and behavioural impairments, often requiring ongoing care and rehabilitation. These disabilities can profoundly affect a person’s ability to live independently and may significantly alter their quality of life.

The consequences of a brain injury can be devastating, not only for the individual but also for their loved ones. Short-term and long-term effects may include chronic pain, reduced physical and mental functioning, and substantial changes to emotional well-being. For many, the journey to recovery is challenging, with life-changing implications for health, daily activities, and relationships.

The process of making traumatic brain injury compensation claims

When you first consult with our specialist brain injury solicitors, they’ll provide expert legal advice and guide you through the crucial initial stages of the claims process. To assess the strength of your potential claim, they’ll carefully gather details about your accident, including the specific location, date, and time, as well as any available witness accounts, the party responsible, and the unique circumstances surrounding the incident.

To build a strong case, it’s vital to gather relevant evidence promptly. This may involve collecting CCTV footage, obtaining comprehensive medical records, taking photographs of your injuries, securing witness statements, and arranging a formal medical examination to obtain detailed medical reports on the nature and extent of your brain injuries.

If your claim has a solid foundation, we’ll offer a “no-win, no-fee” agreement, ensuring that you won’t incur any legal fees unless we successfully win your case.

Once we formally notify the defendant of your claim, they may either accept responsibility for your injuries, leading to settlement negotiations, or deny responsibility, which may necessitate legal proceedings to resolve the dispute.

It’s important to remember that every brain injury case is unique, with its own specific circumstances and challenges. Our experienced personal injury lawyers are committed to providing personalised support and guidance throughout the entire claims process. We’ll keep you informed at every stage, ensuring that you understand the legal procedures and potential outcomes.

Compensation from traumatic brain injuries

The amount of compensation you receive for your pain, suffering and loss will vary depending on a number of factors. We will base the valuation of your general damages on recent case law, as well as guidelines set out by the Judicial College Guidelines.

You will also be able to make a claim for special damages, which include additional financial losses as a result of your injuries sustained. These can include:

  • Loss of earnings if you required time off due to the accident or if you have been required to change or leave your employment as a result.
  • Travel costs – for travel to and from medical appointments.
  • Parking costs at medical appointments.
  • Care and Assistance compensation for any paid or additional unpaid care required as a result of the accident; this can include care provided by a family member.
  • Medical treatment costs
  • Specialist equipment, treatment and rehabilitation therapies
  • Costs of making any required adjustments to the home of the injured person

You should ensure that you keep all receipts and invoices for your additional losses, as these will be required to prove your losses.

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.

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.

What are the time limits for claiming compensation from a traumatic brain injury

Before starting your no win, no fee basis claim, it is important to note that there are strict time limits on personal injury claims. From the date of the accident that caused the injuries, the injured party will have 3 years to commence proceedings for claiming compensation.

One exception to the 3 year time limit occurs when the claimant who has suffered an injury does not have the mental capacity to begin their compensation claim. In this case, a close family member or friend can make a claim on their behalf, or they can make a claim when they regain mental capacity.

How can Beacon Law assist you with traumatic brain injury compensation claims?

Whilst pursuing compensation for a traumatic brain injury, 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 traumatic or minor brain injury, we believe that you should have access to the best possible medical care and support available, and our traumatic brain injury compensation 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 workroad traffic accidents, medical negligence, and many more.

Please do not hesitate to get in touch today if you have suffered a brain injury and wish 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.

 

 

 

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0161 428 1234

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0330 1332 857

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Cheadle

Cheshire

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Last Updated on December 4, 2024 by Stacey