Making a Serious Brain Injury Claim
Find out how much your personal injury claim may be worth
Suffering from a serious brain injury can have significant long term consequences on the quality of life of the victim as well as the victim’s family or friends. The impact of a serious brain injury can be life changing, and many victims can be left with severe physical or cognitive disabilities. Some sufferers can be left with severe memory loss, brain damage or even paralysis, meaning that they are not able to return to work and may need long term medical treatment and care. If you or a loved one has sustained a serious brain injury that was caused by an accident that wasn’t your fault, or by medical negligence, then you may be entitled to make a brain or head injury compensation claim. The compensation award should cover the financial losses as well as the high level of care and rehabilitation involved in living with a brain injury.
Serious Brain Injury Claim: What Are Some Common Causes of Brain Injuries?
Many brain injuries are caused by accidental traumatic blows to the head or by medical negligence. Some of the most common serious brain injury claims that we deal with at Beacon Law are caused by the following:
- Accidents at work: Brain injuries caused by an accident at work are more common in construction sites or factories, but they can occur in any workplace. Common accidents include falling and hitting your head on the ground or on another hard object, or being hit on the head by a falling object.
- Accidents in public places: Some people sustain brain injuries in public places such as shops, restaurants, entertainment venues, or even on the street or public park. These types of accidents can include slips, trips and falls or being struck on the head by falling objects.
- Road traffic accidents: All types of road traffic accidents can result in serious brain injuries. A high impact car accident can result in a serious brain injury, especially if someone sustains a very hard blow to the head. Pedestrians and cyclists are also highly susceptible to sustaining a brain injury following a road traffic accident.
- Medical negligence: Brain injuries can often occur due to medical negligence. This can include misdiagnosis, delays in treatment and surgical errors.
If you have sustained a brain injury in an accident which has not been listed above, you may still be able to make a serious brain injury claim. Contact us today to speak to one of our specialist injury lawyers.
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 life long 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.
How are Victims and Their Loved Ones Affected by a Serious Brain Injury?
No one can be prepared for the impact a serious brain injury can have on a family’s day-to-day life. It can cause a lot of stress and anxiety for the whole family, as very often their lives are turned upside down. The effects of a serious brain injury can include:
- Changes in physical ability: A severe brain injury can lead to reduced mobility, or in more severe cases, paralysis. A severe brain injury can lead to sensory perception issues, affecting sight and hearing, which can have a huge impact on coordination and balance.
- Emotional and behavioural changes: Sometimes a severe brain injury can cause personality changes. The sufferer may have emotional outbursts or mood swings, and they can also suffer mental health issues such as depression and anxiety. These changes can be very unsettling for the whole family.
- Cognitive changes: Cognitive changes can include memory loss, slowed responses and impaired judgement and problem solving abilities.
In some cases, the sufferer may be left severely disabled and need constant round the clock care and adjustments made to their surroundings.
Making a Serious Brain Injury Claim
If you, or a loved one, have sustained a brain injury because of an accident that wasn’t your/their fault or because of medical negligence, then you may be entitled to claim for compensation.
In some cases, it may be difficult for the sufferer of a serious brain injury to pursue a compensation claim for themselves, so they may require a litigation friend (often a close family member) who will pursue the claim on their behalf.
Normally, there is a three year time limit to make a personal injury claim. However, in certain circumstances, the time limit will be extended, 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.
The specialist personal injury solicitors at Beacon Law will be happy to guide you through the claims process and they will provide you with any further legal advice you may require.
How Much is my Serious Brain Injury Claim Worth?
At Beacon Law, we will calculate your brain injury claim according to Judicial College Guidelines and recent case law. According to Judicial College Guidelines, the amount of compensation you could receive for your serious brain injury ranges from £174,620 – £322,060.
The actual amount of compensation you will receive for your serious brain injury depends on many factors including:
- The severity of the injury and the impact on your daily life
- Costs of medical treatment and rehabilitation
- Long term care need, including home adaptations
- Loss of earnings – due to being unable to work (either on a temporary or permanent basis)
How Can Beacon Law Assist?
Beacon Law is a Manchester based law firm that specialises in personal injury claims. Our specialist solicitors and legal professionals have vast experience in handling personal injury claims and medical negligence claims.
Beacon Law can assist you in making a compensation claim for your serious brain injury on a no-win, no-fee basis, which means that you won’t have to pay any of our fees if your case is unsuccessful. We are experts in no win, no fee claims, and we are authorised and regulated by the Solicitors Regulation Authority.
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.
If you decide to make a claim with Beacon Law, our highly professional personal injury solicitors will work hard to ensure that you receive appropriate treatment and the highest level of compensation for your brain injury.