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Traumatic Brain Injury Compensation Claims

 

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A traumatic brain injury (TBI) is a type of injury to the brain caused by an external force, such as a blow to the head or a penetrating object. TBIs can range from mild to severe and can cause a variety of physical, cognitive, and emotional symptoms.

Mild TBIs, also called concussions, can cause temporary symptoms such as headache, dizziness, confusion, and memory problems. Moderate to severe TBIs can cause more serious symptoms, including loss of consciousness, seizures, slurred speech, difficulty with coordination and balance, and long-term cognitive, emotional, and behavioural problems.

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.

Get in touch to find out if you could make a traumatic brain injury compensation claim.

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

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 are a complex and often devastating type of injury that can cause a wide range of physical, cognitive, and emotional symptoms. No two brain injuries are ever the same, and the effects of a brain injury can vary greatly depending on the type and severity of the injury.

Brain injuries are generally 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 refer to brain injuries that occur after birth. These types of injuries can include traumatic brain injuries, as well as brain injuries caused by illnesses such as a tumour, stroke, or brain haemorrhage. Acquired brain injuries can have a wide range of effects on the sufferer, depending on the type and severity of the injury.

Traumatic brain injuries, on the other hand, are a specific type of acquired brain injury that occurs as a result of a traumatic blow to the head. This type of 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 range from mild to severe and can cause long-lasting or even permanent damage to the brain.

Severe brain injuries are classified as such if the sufferer remains unconscious for more than 6 hours or if they have memory loss (amnesia) that lasts longer than 24 hours. 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.

The effects of a brain injury can be devastating, not just for the sufferer but for their loved ones as well. Brain injuries can cause long-term pain, suffering and loss. It can have significant long-term effects on a person’s health, functioning, and quality of life.

Are you eligible to make a traumatic brain injury compensation claim?

If you or a loved one has acquired a brain injury due to another party’s negligence, you may be eligible to pursue compensation with our brain injury specialists. This includes instances where the party is fully or partially responsible. Common causes of brain injury claims include road traffic accidents, workplace accidents, public accidents, and medical malpractice.

In cases where the brain injury results in brain damage and the affected individual is no longer capable of making a claim, a family member can act on their behalf.

If you believe that you have a case for compensation, reach out to Beacon Law. Our experienced personal injury lawyers will offer expert advice on brain injury compensation claims.

How long do you have to make a claim?

It’s crucial to be aware of the time limits for filing a personal injury compensation claim, especially for brain and head injuries. In general, the deadline is 3 years from the date of the incident. However, there are exceptions where this time limit does not apply:

  • Minors have until their 21st birthday to file a claim. Until then, a legal representative can file on their behalf.
  • If the claimant lacks mental capacity, they can file at any time once they regain mental capacity.
  • In the event of a fatal accident, close family members have 3 years from the victim’s death to claim compensation for their loss.
  • If the injury resulted from a violent crime, the victim has 2 years to file.

The process of making traumatic brain injury compensation claims

When you have an initial consultation with our specialist brain injury solicitors, they will provide you with advice on brain injury claims and inform you about the regulations governing time limits. Our lawyers will request information about your accident and the resulting brain injuries. This information will be used to assess the likelihood of your claim being successful. They may ask you about details such as the location, date, and time of the accident, witness accounts, defendant, and circumstances.

It is crucial to gather evidence early in the claims process to support your case. Evidence may include CCTV footage, medical records, photographs of your injuries, and witness statements. Your personal injury lawyer may also request a formal medical examination to produce medical reports on your brain injuries. These reports will provide crucial medical evidence of the type and extent of your injuries.

If your claim is likely to succeed, our firm will offer to represent you on a “no win, no fee” agreement, meaning you won’t have to pay any legal fees if the claim is unsuccessful.

The defendant will be notified of your claim and may either accept or deny responsibility for your injuries. If responsibility is accepted, settlement negotiations may begin. If denied, legal proceedings may ensue.

It’s important to note that each case is unique, and the claims process can vary depending on the individual circumstances. Our experienced personal injury lawyers will guide you through the process, provide you with legal advice, and keep you informed at each stage of the process.

How much does it cost to make traumatic brain injury claims?

At Beacon Law, we understand your concerns about legal fees affecting your traumatic brain injury compensation claim award. That’s why all of our personal injury claims are handled on a “no win no fee” basis. This means that if your compensation claim is unsuccessful, you won’t have to pay for any legal costs.

If your brain injury claim is successful, a success fee will be charged. The success fee and any remaining legal costs will be deducted from the compensation award. The success fee is capped at 25%, and there may be additional fees for legal expenses insurance if necessary. All fees will be discussed with you before we agree to take on your case.

How much compensation could you expect?

The amount of compensation you receive for your injury 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.

You will also be able to make a claim for special damages, which include additional financial losses sustained as a result of your injuries. 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.
  • Costs of making any required adjustments to your home as the result of your injuries.

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.

In conclusion, 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.

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

Whilst pursuing traumatic brain injury compensation claims, 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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Beacon Law

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Shirley House

12 Gatley Road

Cheadle

Cheshire

SK8 1PY