Head and Brain Injury Claims 

What Are Head and Brain Injuries and How Can They Happen?

A brain or head injury is one which can be classed as a severe or serious injury. A serious injury can impact your life and is likely to impact your future. This type of injury can also affect the people around you. Below is a list of circumstances to look out for to determine whether you may have suffered a head or brain injury:

• Ongoing and repeated hospital visits and treatment due to your injury.
• Requiring a long-time off work or being unable to return to work as a result of the injury.
• Being unable to return to work and complete the same hours or role as before because of your head injury
• You receive care and support from other people such as a family member
• You can no longer continue with your hobbies or the activities you do in your spare time

Types of Injuries Resulting in Head and Brain Injury Claims

There are several different types of head and brain injury which may suffer from. These include:

• Concussion – This is a common way to sustain an injury to the head or brain. They usually occur as a result of a bump to the head, and you will usually lose consciousness for a while. Sometimes there can be symptoms of confusion and dizziness. They are common during sports such as rugby but can also include the accident at work and road traffic accidents. Symptoms of a concussion include losing consciousness, headache after the injury, confusion, memory loss, problems with dizziness and balance and problems with vision.
• Subdural Haematoma – this is when blood collects between the skull and the surface of the brain. The symptoms are similar to those of concussion of a severe nature. They include nausea, headaches, and confusion. The symptoms can begin straight away, especially following a major head injury or they can develop at a slower pace over weeks following a minor injury.
• Subarachnoid Haemorrhage – this injury causes bleeding on the surface of the brain. Usually, there aren’t any warning signs of this injury, and symptoms can appear rapidly. The causes of this can also vary but can sometimes be caused by lifting something heavy or undertaking hard exercises. The symptoms can include nausea, severe and sudden headache, and blurred vision.
• Open-head injury – this injury is visible and causes a wound in the head due to either a hard, violent hit to their head or an object has pierced their skull.
• Diffuse axonal injury – in this injury, the connections between cells in the brain don’t function. It can be a result of serious whiplash in a car accident.

Common Causes of Head and Brain Injuries

Head and brain injury claims usually arise as the result of various types of accidents. Some of the most common accidents causing these types of injuries include:

• Slips, trips and falls
• Being struck by a falling object
• Falls from height at work
• Various accidents whilst playing or watching sports
• Various types of accident at work, particularly those on construction sites, factories, or those which require PPE.

What Additional Support Will I Need Following a Head or Brain Injury?

There are many ways which an injury like this can affect your day to day life. It may be the case that you will need to make big changes to your life to ensure that you are recovering and managing the injury well. You may need the following support following the injury:

• Long term medical treatment
• Adaptations to your house
• Therapies
• Psychological support and treatment
• Rehabilitation treatment

At Beacon Law, we can assist with arranging different types of support which you may require on your behalf. We aim to make the recovery and management of your injury as easy for you as possible.

Why Make a Head or Brain Injury Claim for Compensation?

Whilst a sum of money cannot undo the injury you have suffered and the difficulties that come with the symptoms you suffer, it can assist in managing daily life and can ease the additional financial pressures. The compensation you receive can be used in whatever way you see fit, including to buy new equipment which you may need at home or professional care.

You will also be compensated for any rehabilitation and medical treatments which you may need following being discharged from the hospital, including future treatment costs. This will include treatment for physiotherapy and or psychological therapy amongst other types of treatments which will be suited to you.

Who Can Make Head and Brain Injury Claims?

The person making a claim for a head and brain injury is usually the person who has suffered the injury as a result of the accident. However, a person caring for the injured party, such as a member of their family can provide their instructions regarding the claim for compensation on behalf of the injured person. This is especially the case when the level of injury is severe, and the Claimant lacks the capacity to make a claim. The person bringing the claim on behalf of the Claimant will be known as a Litigation Friend.

To be successful in making a claim for Personal Injury, the Claimant must be able to prove that someone else was responsible for their accident, and that the accident directly caused their injuries.

What is the Process of Making a Head or Brain Injury Claim?

Upon discussing the circumstances of the case with Beacon Law, we will be able to advise you if your head and brain injury claim is likely to be successful, however, the amount of compensation will vary depending on the type of injury you have sustained and will be hard to predict initially.

If you are happy to proceed with Beacon Law, you will be required to complete some paperwork and provide formal instructions for us to act as your solicitor for your head and brain injury case. Following this, we will notify the Defendant of the potential case being brought against them and seek disclosure of any important documents which they may hold about you or your injury.

We will then assist in obtaining information from you and evidence such as your hospital and medical records and a medical report.

In some circumstances, it is necessary to lodge the claim at Court if an agreement cannot be reached with the Defendant. The decision to proceed to this stage will depend on the complexity of the case and the Defendant’s disputes within the matter. You should know, however, that simply registering a case with the Court does not mean it will always progress to Trial and attendance at Trial. There is a lengthy legal process to follow before the matter will reach Trial, and a compensation settlement can be agreed at any time throughout the claims process.

How Much Compensation Will I Receive?

This will vary greatly from case to case base on the facts of the case and level of injury sustained. The amounts can vary from £1,450 for minor head injuries to £265,000 for more severe brain damage.

You will also be able to make a claim for additional losses, such as long term care and assistance, medical costs, loss of earnings, and travel costs. This compensation can also include future losses.

How Long Will the Claim Process Last?

The amount of time taken to settle head and brain injury claims varies greatly, depending on the case itself and the complexities within the case. However, we can request interim payments from the Defendant throughout the progress of the case. These are paid in advance of your settlement figure or the final amount which will be agreed. They are usually smaller payments and can be paid to cover the costs of your needs, such as rehabilitation costs.

When a final amount is agreed between the parties, the interim payment which you have received throughout your case will be deducted from the final amount you receive.

Are There any Time Limits?

There is usually a three year time limit to make a claim for personal injury. The time limit starts from the date of the accident. However, this time limit can be extended in certain circumstances, for example, if the Claimant was a child at the time of the accident or if the Claimant lost mental capacity as a result of the head or brain injury.  

How Much Will a Compensation Claim Cost Me?

Bringing a head injury compensation claim forward does not have to cost you anything. At Beacon Law, we act on a ‘no win no fee’ basis. This means that you will not be entitled to pay anything on a claim if you are unsuccessful. The only requirement to this no win no fee agreement is that you are honest throughout your case and that you cooperate fully with us. Our fees will be deducted from your final amount of compensation at the end of your claim. 

How can Beacon Law Assist?

Beacon Law is a Manchester law firm with a great reputation. Our specialist solicitors and legal professionals have vast experience in handling personal injury claims and medical negligence claims. We are regulated by the Solicitors Regulation Authority and can provide you with the legal advice you require as your personal injury lawyer. We will provide assistance throughout your case and act only within your instructions in progressing the matter.

If you require our assistance or wish to discuss your case based on its own facts, please complete the online contact form on our website, and a specialist Solicitor will contact you. Alternatively, you may call us on 0330 1332 857 to discuss your potential case.