Brain and Head Injury Claims

Have you been injured in an accident that wasn't your fault? You could make a personal injury claim – and that's where we can help you.

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The brain is a crucial part of our body, controlling nearly everything we think, say, do, and feel. As such, it's no surprise that brain damage can impact every area of your life, from your career and relationships to your physical and mental health. If your injury was preventable and caused by someone else's negligence, whether fully or partially, you may be eligible to claim compensation for a brain or head injury.

Our Brain and Head Injury Claims Solicitors can help you get the support you need – financially, emotionally, and medically. We understand the frustration you may be feeling and want to get you the resources you need to make the best recovery possible. If we can help you, we will take your case on a No Win, No Fee basis so you don't have to worry about any upfront costs.

Making a compensation claim can hold the responsible party to account and sometimes prevent similar accidents from happening to someone else. It can also help you or a loved one enjoy the best quality of life possible. So, if you think you might have a head injury claim, get in touch with our friendly advisors today.

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Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 3227

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What Can Cause A Brain Injury?

Some of the more common brain injury claims that we deal with include:

What Are The Symptoms Of A Brain Injury?

Damage to the brain often falls into the Serious Injury Claims category. This is because our brains control every aspect of our existence, from how we move to the way we experience the world and interact with others. As such, brain injuries can result in a range of symptoms, such as

  • Difficulty concentrating or remembering things.
  • Not being able to communicate properly.
  • Problems making decisions.
  • Struggling to plan and organise things.
  • Fatigue or feeling tired.
  • Altered sense of taste and smell.
  • Sensitivity to light and/or sound.
  • Dizziness/balance problems.
  • Headaches or ringing in your ears.
  • Sexual difficulties.
  • Depression, anxiety, and/or a lack of motivation.
  • Mood swings and angry outbursts.
  • Personality changes.
  • Visual impairment.

With more serious injuries, the signs and symptoms can be more visible – such as a seizure or a loss of consciousness. For all head injuries, however, it's essential that you get the right medical treatment as soon as you can.

What Are The Different Types Of Brain Injury?

Even what feels like a minor head or brain injury can have a lasting impact. If you're involved in an accident, it can be helpful to know what type of injury you're dealing with. At Simpson Millar, our team has experience of supporting a wide range of head injury compensation claims.

We've worked on claims involving some of the most common types of injury, including:

  • Acquired Brain Injury (ABI) – brain injuries acquired after birth and are not caused by a genetic, hereditary, or congenital disorder. ABIs affect the cells throughout the entire brain. Causes of ABIs can include a stroke, tumour, oxygen deprivation, or a head injury.
  • Traumatic Brain Injury (TBI) – caused by a direct blow to the head due to an accident or assault. TBIs are further classified by seriousness as mild, moderate, or severe.
  • Hypoxic Brain Injury – when the brain doesn’t receive enough oxygen.
  • Congenital Brain Damage – abnormalities that are present in the brain at birth. These can range from mild to severe.
  • Subtle Brain Injury – a brain injury that initially goes undetected with symptoms occurring over the first 72 hours.

What Is The Average Compensation Claim for a brain or head injury?

Head or brain injury compensation claims are split into two types of damages:

  • General Damages – this is to compensate you for the pain, suffering, and loss of life enjoyment. It focuses on loss that is not simple to calculate using receipts and invoices. The general damages part of your award will compensate you for loss of future earnings (including what you may have earned had you had the chance to progress in your career), pension contributions, and any other benefits you may have been entitled to.
  • Special Damages – this is awarded to cover the financial expenses and losses you have incurred, or will incur, directly due to your head injury. It can include medical costs, travel expenses to and from hospital appointments, rehabilitation costs, care assistance, loss of earnings, parking, and any changes you have to make to your home and vehicle.

As Personal Injury Solicitors we use the Judicial College Guidelines to establish how much compensation should be awarded. Below is a guide to average compensation amounts:

  • £2,210 to £12,770 for minimal brain damage.
  • £15,230 to £43,060 for a moderate brain injury where there will be ongoing memory and concentration issues.
  • £43,060 to £219,070 for brain injuries that affect memory and cause changes in personality, and a high chance of epilepsy, with reduced ability to work.
  • £219,070 to £282,010 for a severe brain injury causing some degree of mental disability.
  • £282,010 to £403,990 for very severe brain damage with little or no language function and need for full-time care and assistance.

Why Should You Seek Compensation For A Head Injury?

Making a compensation claim can help you feel back in control of your life. What happened to you was not your fault, and the compensation you receive will ensure you can fund private rehabilitation and make adjustments to your home as needed.

Compensation can also help uncover the reasons behind your accident or medical negligence and hold those responsible accountable. While it cannot guarantee change, raising a claim can highlight key issues that could help prevent this from happening to others, ensuring no one else has to endure what you and your family have experienced.

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How Can Compensation For A Brain Injury Help?

Even a mild brain injury can affect your ability to work and earn the level of income you enjoyed before your accident or medical negligence event. A compensation award will take away the worry and stress caused by not having enough money, allowing you to focus on your recovery.

With severe brain injuries, family members may be worried about how they will pay for long-term care. This is factored into the compensation award and is the reason why some compensation claims are in the high six or even seven figures. We'll make sure that everything your loved one requires, from home adjustments to 24/7 care and private rehabilitation is included in the compensation claim.

How Do You Make A Brain Injury Claim?

The first step is to talk to our specialist Brain and Head Injury Solicitors who have an excellent reputation for helping people like you. We offer a free claims assessment, which means you'll know right away if you have a claim. You can trust that we will assess your claim compassionately and sensitively and do everything we can to get you the compensation you need to move forward with your life.

How Long Do You Have To Make A Head Injury Claim?

You have three years from the date of your accident to start your claim. You can do this at any point during this period. But it's usually better to start a claim as soon as you can. This gives our team the best chance of collecting the evidence needed to make a successful claim. It also lets you access specialist rehabilitation and treatment sooner.   

In some cases, there are exceptions to the three-year time limit, including:

  • If you lack the mental capacity to make a claim yourself. The time limit is paused until you regain capacity, which means it can be indefinite.
  • If you're claiming on behalf of a child. A claim can be started at any point until their 18th birthday. At this point, the three-year limit will then start.
  • If your injury is the result of an assault, you must usually start a criminal injury claim within two years.
  • Compensation claims through the Armed Forces Compensation Scheme (AFCS) for brain injuries that occur whilst serving in the military must be made within seven years.
  • If a loved one has died due to a brain injury caused by an accident, the time limit to make a claim is generally three years from the date of death or from the date the post-mortem confirmed a brain injury as the cause of death.

Do We Offer No Win No Fee Brain Injury Claims?

If we can help you with your compensation claim, we will take it on a No Win, No Fee basis. It means you can claim without worrying about the financial risk if it's not a success. We can also arrange After The Event Insurance so you will not have to pay the other party's costs or any expenses if you lose your claim.

If you win your claim, the other side will pay part of your legal costs. You will need to pay a 'success fee' from your compensation payment, but this is a capped amount. Everything will be explained to you at the beginning of the process, as we are committed to always being transparent with our clients regarding fees.

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Can You Claim On Behalf Of Someone Else?

You can claim on behalf of someone else if they have lost mental capacity because of their head injury or they are under 18 years old. We'll provide all the support you need to claim so you can get your loved one the funds they need to rebuild their life and/or pay for ongoing care.

Why Use Our Brain Injury Solicitors?

Our Solicitors have a national reputation as experienced and successful Brain and Head Injury Solicitors. They have been mentioned in the Legal 500 and Chambers & Partners for their work.

Everyone on our team understands the impact a brain injury can have and is committed to getting clients the compensation and rehabilitation they need. You can be confident that we will act firmly but with compassion and sensitivity. We'll also speak to you in plain English and keep you updated as to how your claim is progressing.

What Other Support & Resources Are Available For People Suffering From Brain Injuries?

The financial aspect of your brain injury claim is just part of our work in supporting you and your family. Our dedicated Solicitors can also: 

  • Organise specialist treatment: We'll work with your Case Manager to arrange rehabilitation and aim to get the other side to make interim payments to fund treatment.
  • Advise on relevant care services: Your Case Manager can tell you about the support you can get from your local authority and other services available nearby.
  • Help with Court of Protection matters: In severe brain injury cases, various decisions must be made on behalf of the injured person under the Mental Capacity Act 2005. The people given this decision-making power are known as Deputies. Our Court of Protection Solicitors can provide expert advice and support in this area.
  • Help with a Personal Injury Trust and Benefits: If you can't work due to your head injury, your Case Manager can help you claim state benefits to ease any money worries.

What Evidence is Needed to Support A Brain Injury Claim?

We'll need to access your medical records and any evidence you have of the accident that caused your head injury, for example, a copy of your workplace's accident report book. If your brain injury is moderate or severe, we'll need to obtain evidence from expert witnesses, such as a neurologist or psychiatrist who can show that an accident or medical negligence caused your brain injury and what your long term prognosis is likely to be.

You'll also need to provide receipts and details of all the expenses and financial losses you have suffered due to your head injury.

Will I Need To Go To Court?

We’ll focus on finding out who is responsible for your accident. If the Defendant admits liability, we’ll negotiate your claim with the insurers. But if there is a dispute about the amount of compensation to be awarded, we may need to go to court. Court proceedings may also be filed if the Defendant does not admit fault. But don’t worry. We'll provide all the advice and support you need and ensure the claim proceeds as smoothly as possible.

How Long Does It Take To Get Compensation?

Brain injury claims can be complex. With all the factors involved, they can sometimes take a few years to settle. One reason is that the actual impact on your life may only become known over time. And by settling too early, you could receive less compensation than you need.

Even though a claim may take time to settle, you can still get financial help. If the other party accepts fault, we can get you interim payments to cover any immediate costs.

How Much Will It Cost To Claim?

You won’t pay any money upfront for your legal fees but you will have to pay for additional costs, known as Disbursements, like Court fees or expert reports fees. This can be covered by an insurance product called After the Event Insurance which would cover these costs for you. Your case handler will provide more detail about this.

You’ll sign a Conditional Fee Agreement or a Damages Based Agreement that says if you lose your case, you won’t pay our legal costs. If you win your case, the other side will pay for a proportion of our legal costs, but you may have to pay for some of these yourself from your damages. This is usually capped at a percentage agreed in advance.  

We'll explain how No Win, No Fee works when we meet you. What's important to know is that we take on all the risk of you making a claim.

FAQs

Brain injuries can often have a severe financial impact, especially if you are unable to work either temporarily or permanently.

If you're struggling to make ends meet due to your injury, you could be eligible for state welfare benefits. But the system can sometimes be confusing. You can get lots of helpful information on welfare benefits after brain injuries from Headway, a UK-wide charity that works to improve the lives of people who’ve suffered a brain injury.

Driving is just one of many abilities that can be affected by a head injury. Before you get behind the wheel of your car, you should first take the following steps:

  • Speak to your doctor. They'll advise if it's safe for you to drive based on your condition.
  • Tell the Drivers Medical Unit of the DVLA. Not doing so is a criminal offence, and it could make your insurance invalid.
  • ·Tell your insurance company. You may need to update your policy.

The most important thing to do if you have sustained a head injury is get medical help. Even a mild bump to the head can have fatal consequences. If your brain injury was caused by an accident that wasn't your fault or because of medical negligence, contact us as quickly as possible to discuss whether you have a compensation claim.

Friends and family have a massive role in helping a loved one to recover from a brain injury. Here are a few things you can do to provide support:

  • Encourage your loved one to do things for themselves: Make the most out of every day. It only has to be simple things such as laying the table. These types of chores can help the brain make new connections and re-learn everyday tasks.
  • Find out about local support and facilities: Local activities, day centres, and sports groups set up specifically for disabled people can have huge benefits. To start, they can provide a real psychological boost. But they can also help your loved one physically – while giving them the chance to meet others in similar situations.
  • Plan clear routines: This can help build up resilience, but the schedule needs to be realistic. And it must include a range of mental and physical tasks.
  • Be aware of tiredness: Rest is just as important as activity. So, build in time for relaxing. Watching TV, napping, or listening to music are great ways to do this.
  • Celebrate achievements: It's uplifting to know that progress is being made. Record and celebrate even the smallest improvements and accomplishments.

Rehabilitation is essential when it comes to recovering from a head injury. If you receive compensation, it can go towards paying for private treatment. Your Solicitor will try to obtain interim payments from the other side so you can access rehabilitation while your claim is being decided.

Interim payments are where you receive part of your compensation before your claim is completed. They can help fund rehabilitation costs, adjustments to your home, and provide an income if you cannot work. We will fight hard to secure interim payments for you.

No, your employer will have insurance to cover the cost of any personal injury claims. It is also against the law for an employer to dismiss you or discriminate against you for making a personal injury claim.

Yes. If you are found to have contributed to the accident that caused your injury, it will be taken into account when a compensation award is made.

Get in touch, today!

Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 3227

This data will only be used by Simpson Millar in accordance with our Privacy Policy for processing your query and for no other purpose