Our team of Personal Injury Solicitors, Lawyers and Barristers understand the devastating nature of a brain or head injury.
So we’re on hand to help our clients receive compensation, rehabilitation and ongoing care.
We offer free legal advice for victims or family members, and we may be able to deal with the claim on a No Win, No Fee basis - ask us for details.
The law surrounding head injury claims is complex, so it’s essential you get legal advice from a specialist Solicitor.
We can take the pressure off you and your family and deal with your claim efficiently and as quickly as possible.
We’ve got lots of experience in dealing with head injury claims to get the best possible outcome for clients. We can investigate liability and assess how much compensation you can expect to receive, based on previous brain injury cases.
And we pride ourselves on our straightforward, friendly and accessible approach, so you’re never left wondering what’s going on with your case.
More on Brain and Head Injury Claims
Anybody can suffer a brain injury, and these devastating injuries often come about following an incident that unfolds in a moment.
This could include:
- A road traffic accident
- Physical violence or assault
- Industrial or occupational injuries
- Sports Injuries
Physical trauma isn’t the only cause of brain damage, as starving the brain of oxygen can also result in a serious injury.
Some scenarios that can cause the brain to be starved of oxygen include:
- Infections or exposure to toxic substances
- Carbon Monoxide Poisoning
- Medical negligence
- Heart attacks or strokes
- Tumours or aneurysms
- Progressive neurological conditions
A brain or head injury can affect every aspect of your life, from your career and relationships to your fitness levels and mental health.
But when the circumstances that led to your injury were avoidable and not your fault, it’s vital you seek early legal advice.
We recognise the huge impact that brain and head injuries can have, so we instruct world-class experts who can provide specialist advice so we can get you the treatment, compensation and support you deserve.
Our Serious Injury Solicitors are dedicated to getting the best results for our clients.
With a vast amount of expertise, an approachable manner, and a committed nature, our team can help:
- Ensure you get the compensation you deserve: We aim to calculate all of the potential losses injured you may be able to recover. This can help ensure that you receive enough compensation to rebuild your life and pay for ongoing care. We seek to obtain interim payments throughout the case to ease the financial burden and implement care and rehabilitation packages without delay.
- Connect you with relevant services and organisations: We can connect you with a strong support network that can provide the help you need to begin your rehabilitation.
- Advise on relevant community care services: Our community care team can talk you through the support you can receive from your local authority and ensure that you’re aware of the support services available near where you live.
- Organise the best treatment: Getting specialist referrals in the same areas where you live can have an enormous impact on your recovery. We can work with Case Managers to arrange these appointments.
We also offer help and support to your family and loved ones.
Getting the right support for your family so they’re in the best position to support you on your road to recovery is of paramount importance to us.
Rehabilitation and other Support
Brain injury symptoms can vary hugely and so rehabilitation for a brain injury has to be taken on a case-by-case basis.
Unlike the rest of the cells in our bodies, our brain cells don’t regenerate when they’re destroyed.
Despite this, levels of recovery are possible.
Rehabilitation aims to help the brain learn in alternative ways of working, so you could be treated by any one or more of the following professionals:
- Physiotherapist - to help with physical problems such as weakness, stiffness or poor coordination
- Occupational therapist (OT) - to help you make change in your home to accommodate any new needs you may have following a brain injury. OTs can also help you develop strategies to minimise the systems of a brain injury. For example, using white boards and daily planners to limit issues relating to having a poor memory
- Speech therapist
- Psychological therapist - you might be advised to have Cognitive Behavioural Therapy (CBT) to help you better cope with life after your injury and improve your mental well-being. The input of a neuro-psychologist and/or perhaps a neuro-psychiatrist can be essential
We can also visit you either at hospital or in your own home (in England or Wales), so you and your family get prompt expert legal advice and guidance.
We have access to a multidisciplinary team including medical experts, Case Managers, Financial Deputies, Welfare and Benefits Advisors and therapists.
We’ll seek to secure interim payments at the earliest possibility so that you can access this team and fund any recommendations that they make.
Our clients may require additional support, some of the most common requests for additional help include:
Court of Protection: In some of the most severe brain injury cases, a loss of mental capacity may be suffered. In these instances, under rules outlined in the Mental Capacity Act 2005, decisions will have to be made on behalf of the injured party. These people are known as Financial or Welfare Deputies. Our team of Court of Protection solicitors can assist you with any Deputy issues. The costs associated with this can be included within the claim.
Case Management: While your assigned solicitor will build your case and seek fair compensation for your injury, a case manager will coordinate care from different providers, assist with the purchase of any specialist equipment, liaise with specialists, and recruit and train any care staff you may need. Case management is an essential service that can help you through every step of your rehabilitation and the costs associated with this can be included within the claim.
Financial Planning: After your injury, you may not be able to return to work. In some instances, this may be temporary, while more serious cases may mean that you can never regain full-time employment. In either of these instances, welfare benefits could be claimed to help ease financial pressures and ensure that you aren’t hit by a loss of earnings.
Our financial services team will be on hand to help you with any monetary queries throughout the claim process. We often refer our serious injury clients to our financial services team due to the large value of claims for long-term injuries. Remember your compensation should provide you with long-term ongoing care, so it’s likely that you’ll receive a very large lump sum that you’re expected to manage yourself and use for relevant medical care and assistance.
Our independent financial advisors are experts in handling serious personal injury cases and can provide advice every step of the way, from pre-settlement all the way through to after your case is resolved and you may need the establishment of a personal injury trust.
Our Welfare and Benefits Advisors can assist with any applications relating to Personal Independence Payment (PIP), Employment and Support Allowance (ESA) and Universal Credit.
Funding Your Case
We may be able to act on a No Win, No Fee basis. Ask us for details.
We are proud supporters of Headway - the brain injury association Personal Injury Solicitors list and we're part of the Law Society Clinical Negligence Panel.
Frequently asked questions
- What is the claims process?
A complex case in which a third party refuses to accept the blame (liability) could drag on for some time. But in some cases, they might be keen to settle quickly and amicably.
After taking on your case, we can work with an independent medical expert to assess your condition.
We can also help if medical treatments and rehabilitation support is required, and guide you on what to say if your case ends up going to court.
Our head injury claims team have the expertise to make the difference between winning or losing a brain and head injury claim and maximising the amount of compensation recovered.
- How much compensation can I receive?
The amount you could be awarded for compensation will vary depending on your circumstances.
Compensation amounts will be awarded based on your losses and the ongoing cost of your care.
Due to the seriousness of brain injuries, it’s likely that you will be awarded a large lump sum, which should ensure that you can receive appropriate care and rehabilitation services for the rest of your life.
- Is there a time limit on making a claim?
Yes. In most head injury cases you have three years from the date of the accident to settle the matter or Court proceedings need to be issued.
You can make a claim at any point during these three years, though generally speaking, the earlier you consult a specialist Solicitor the better.
- What are the different types of brain injuries?
Categories of brain injuries are:
- Acquired Brain Injury (ABI): Acquired brain injuries occur at a cellular level. In most cases, an ABI is a result of pressure on the brain and is often associated with a tumour or neurological illness such as stroke.
- Traumatic Brain Injury (TBI): Traumatic brain injuries are associated with external factors. Traumatic brain injuries are caused by physical trauma to the head, which in turn causes the brain to move in the skull and causes damage by sheer impact.
Both of these types of injuries can also occur during or after birth. There is a type of brain injury that occurs as a result of genetics or trauma during birth, which is known as congenital brain damage.
Link to the appropriate birth injuries page please Damien
- What are my medical rights as a patient, carer or relative?
Patient Care - Your Rights
- Anyone with a head injury must have the opportunity to make informed decisions regarding their care and treatment in partnership with healthcare professionals
- If a head injury patient cannot make decisions, healthcare professionals must follow the Department of Health Guidelines - "Reference Guide to consent for examination or treatment" (2001)
- Healthcare professionals must also follow the code of practice accompanying the Mental Capacity Act
Patient Care - Treatment Rights
- You have the right to evidence-based written information tailored to your needs in an accessible style that suits you
- Your treatment and care should be culturally appropriate
Carers/Relatives - Your Rights
- You should have the opportunity to be part of any decisions about the patient's care and treatment, unless the patient excludes you
- You should be given the correct information and support you need at all times
- Can I claim welfare benefits?
We understand that a brain injury is likely to have a big effect on a family’s finances.
Claiming benefits is one way in which this pressure can be eased. But the benefits system is complex and can often be confusing, so it’s important that you seek advice to ensure you apply as soon as possible.
Our specialist team of head injury claims Solicitors will be able to help you identify which benefits you may be entitled to and assist you in the completion of the relevant application forms.
Headway - The Brain Association provide a welfare benefits checklist, which is available to download from their website.
- Am I allowed to drive after suffering a brain or head injury?
A brain injury can affect your ability to drive, so it’s important to take the following steps before getting back behind the wheel.
- Speak to your doctor
- Inform the Drivers Medical Unit of the DVLA – It’s the driver's responsibility to inform the DVLA. Failure to do so is a criminal offence and could invalidate your insurance
- Inform your insurance company
- How can friends and family help with recovery?
Here are some recommended activities for a Home Activity Programme
Drawing up a list of activities still possible, taking into account likes and dislikes - Try to make the most out of everyday activities. Include responsibility for home tasks, such as laying the table. These types of activities can be helpful for helping your brain relearn ways of working.
Getting information about local support and facilities - By getting involved in local activities, day centres or sports groups specifically for people who are disabled, not only will you be helping yourself physically, but you’ll also meet people in a similar situation. This can help hugely with the psychological after-effects of a brain injury.
Planning clear routines - Clear-cut routines help towards gaining levels of independence. The schedule needs to be realistic and must include a range of mental and physical tasks.
Being aware of tiredness levels - Rest is equally as important as activities and tasks. Build in time for relaxing. This could take the form of watching TV, napping or listening to music.
Celebrating achievements - It can be really motivating to know that progress had been made and so recording progress can be a useful tool.
For more information on how to redevelop brain skills at home, follow this link to Headway's advice on rehabilitation at home.
For free legal advice call our Personal Injury Solicitors
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Simpson Millar is a national law firm with over 500 staff and offices in Bristol, Cardiff, Kingston-upon-Thames, Lancaster, Leeds, Liverpool, London, Manchester, Morecambe and Southport.