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Head Injury Claims: No Win, No Fee

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Head injuries can have profound and long-lasting effects on a person’s life, encompassing a broad spectrum from mild concussions to severe brain damage. These injuries can massively impact a person’s quality of life and ability to work, which can cause a long lasting physical and emotional toll.

Understandably, victims who have suffered a head injury can be overwhelmed by legal matters in such a difficult time. Our specialist solicitors work hard to take some of the stress away from our clients by overseeing the head injury claims process and working hard to obtain the best settlement for our clients.

If you believe that you have suffered a head injury as a result of negligence, you could be eligible to make a claim for compensation. At Beacon Law, our specialist personal injury solicitors can assist you in making a head injury claim, providing you with guidance and support along the way.

Common accidents that lead to head injury claims

Head injuries can result from various types of accidents, many of which often lead to personal injury claims. Here are some common scenarios:

  1. Road traffic accidents:
    • Car collisions, motorcycle crashes, and bicycle accidents frequently cause head injuries. These incidents can lead to traumatic brain injuries (TBIs), concussions, and skull fractures.
  2. Slips, trips and falls:
    • Falls on slippery, uneven, or poorly maintained surfaces can result in head injuries. Such accidents commonly occur in public places like supermarkets, sidewalks, or workplaces.
  3. Sports injuries:
    • Contact sports such as football, rugby, and boxing are notorious for causing head injuries. Even non-contact sports can lead to head trauma if accidents occur.
  4. Accidents at work:
    • Head injuries at work can result from falls, being struck by falling objects, or accidents involving machinery. Construction sites, in particular, are high-risk environments for such injuries.
  5. Assaults:
    • Physical assaults or violent attacks can lead to significant head trauma. These incidents might include being struck by an object, punched, or otherwise physically harmed.
  6. Industrial Accidents:
    • Accidents in factories or industrial settings involving heavy machinery, falling objects, or explosions can result in head trauma.
  7. Medical Malpractice:
    • Surgical errors, improper anaesthesia administration, or misdiagnosis can sometimes lead to head injuries or exacerbate existing conditions.

When pursuing head injury claims, it is essential to establish negligence or fault, which often involves gathering evidence, medical records, and sometimes expert testimony to support the claim.

Who can make a claim for a head injury?

Anyone who has suffered a head injury as a result of someone else’s negligence or wrongdoing can potentially make a claim for compensation.

If a child has suffered a head injury, parents or legal guardians can typically pursue a claim on their behalf. This ensures that children who are unable to make legal decisions on their own are still able to seek compensation for their injuries.

Additionally, in cases where a head injury has resulted in the death of the injured person, their dependents or family members may be able to make a claim for wrongful death, seeking compensation for the loss of financial support, companionship, and other related damages.

It is important to consult with a specialist brain injury solicitor who focuses on head injury cases to evaluate the specific circumstances of your situation. Our head injury claims solicitors can provide guidance on whether you have valid grounds to bring a claim and help you navigate the legal process to seek appropriate compensation for your head injury.

What is the process of making a claim?

During your initial consultation, our team of personal injury solicitors will provide you with comprehensive advice regarding your head injury claim and inform you about the relevant limitation rules that apply.

Our experienced lawyers will request detailed information about your accident and the specific brain and head injuries you sustained as a result. This information will enable our injury lawyers to assess the likelihood of a successful claim on your behalf.

Examples of the information our lawyers may require include the location, date, and time of the accident, a description of the nature of your brain and head injuries, details of any witnesses to the incident, information about the defendant involved, and a thorough understanding of the circumstances surrounding the accident.

During the initial stages of your head injury compensation claim, it is crucial to gather relevant evidence to support your head or brain injury case. This evidence may consist of CCTV footage of the incident, medical records documenting your injuries, photographic evidence of the harm suffered, and statements from witnesses.

In some cases, your personal injury solicitor may recommend undergoing an official medical examination to obtain detailed medical reports specifically related to your brain injuries. These reports will serve as vital medical evidence, providing a comprehensive understanding of the nature and extent of your injuries. Even if you have received prior medical care, a thorough assessment will help ensure accurate and reliable medical reports for your claim.

If we determine that your head injury claim is likely to succeed, we will offer to proceed with your case on a no win no fee basis. This means that if your claim is unsuccessful, you will not be required to pay any legal fees.

Once your claim is filed, the defendant will be notified, and they will have the opportunity to accept or deny liability for your injuries. If liability is accepted, negotiations for a settlement will commence. However, if the defendant denies liability, court proceedings may be necessary to resolve the dispute.

How much compensation could you receive?

Determining the amount of compensation for a head injury claim is a complex process and depends on various factors specific to the case. Compensation amounts are influenced by factors such as the severity of the injury, the impact on the individual’s life and earning capacity, medical expenses, rehabilitation costs, and the long-term consequences of the injury.

Compensation is typically split into the following categories:

  • General Damages: These damages aim to compensate for the pain, suffering, and loss of amenity caused by the head injury. The severity and long-term effects of the injury are significant factors in determining the general damages awarded.
  • Special Damages: Special damages cover the quantifiable financial losses incurred due to the head injury. This includes medical expenses, rehabilitation costs, loss of earnings (both past and future), expenses related to care and support, and any necessary adaptations to the individual’s living arrangements.

It is important to note that there is no fixed compensation award for a head injury claim, as each case is unique. The final compensation amount will be influenced by the specific circumstances and the evidence presented in the case. Our head injury claims solicitors will also advocate for interim payments for our clients to cover any immediate costs, such as medical treatment and travel expenses.

What are the time limits for making a claim?

In the UK, there are specific time limits, known as limitation periods, for making a head and brain injury compensation claim. These time limits are set out in the Limitation Act 1980. The general time limit for personal injury claims, including head injury claims, is three years from the date of the accident or from the date when the injured person became aware of their injury and its connection to the accident.

However, it is important to note that there are some exceptions and variations to the general limitation period. These exceptions include the following:

  • Minors: If the head injury claim involves a person who was under the age of 18 at the time of the accident, the three-year limitation period does not begin until their 18th birthday. In such cases, a claim can be made at any time before the person turns 21.
  • Mental Capacity: If the injured person lacks the mental capacity to make legal decisions, there is no time limit for making a claim. The limitation period only starts when the person regains capacity.
  • Time Extensions: In exceptional circumstances, the court has the discretion to extend the limitation period. This typically occurs in cases where the nature of the injury or the circumstances make it difficult for the injured person to pursue a claim within the standard time frame.

How can Beacon Law assist?

Our team of head injury claim solicitors are highly experienced and capable of assisting clients on a wide variety of cases. We work tirelessly to achieve the best outcome for our clients, continually providing a high standard of service.

To find out more about our no win, no fee claims funding and legal fees, please have a look at the funding section on our website.

If you have suffered a brain injury at the fault of someone else, then please contact us today at 0330 1332 857 to start your claim or complete our contact form at the top of the page to request a call back from a member of our personal injury team.

Beacon Law are a Solicitors registered in England and Wales with our registered office based in Manchester. We are authorised and regulated by the Solicitors Regulation Authority

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0161 428 1234

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0330 1332 857

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Beacon Law

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12 Gatley Road

Cheadle

Cheshire

SK8 1PY