Our specialist Brain Injury Solicitors understand the devastating nature of brain damage and head injuries. If you or a loved one has suffered these impacts because of someone else, we could help you get the best compensation, treatment and ongoing care available.
Our experts have won millions of pounds in head injury compensation for people like you. We could also arrange interim payments to help with your rehabilitation while your case is ongoing.
Getting in touch today could help you see a better future, no matter the severity or details of your situation. We offer free claims assessments and can visit you at hospital or at home in England or Wales. We deal with most Personal Injury Claims on a No Win, No Fee basis.
The law around brain injury claims is complex, but getting specialist legal advice can take the pressure off you and your family. Our experts have the experience to secure the best possible outcome, while supporting you every step of the way.
Meet some of our Serious Injury Solicitors
What Are the Different Types of Brain Injury?
It can be helpful to understand the type of head injury you’re dealing with when seeking treatment or making a head injury compensation claim.
Acquired Brain Injury (ABI)
This is a broad term that describes any damage to the brain suffered since birth. ABIs can be traumatic – caused by a physical impact – or non-traumatic.
Non-traumatic ABIs are usually a result of pressure on the brain and are often associated with tumours or neurological illnesses such as stroke, brain haemorrhage and encephalitis.
Traumatic Brain Injury (TBI)
A traumatic brain injury is caused by an external trauma to the head which causes the brain to move in the skull and damage the nerves or tissue.
Headway reports that over 75% of TBIs are mild with no lasting effects – but more severe accidents can be life-changing. In cases caused or contributed to by somebody else, contacting a specialist traumatic brain injury lawyer is vital in securing the right level of compensation.
Hypoxic Brain Injury
Hypoxic injuries take place when the brain is partially or totally starved of oxygen. This could be the result of choking, drowning or suffocation. They can also be caused by some medical conditions that interrupt the flow of oxygen to the brain, like heart attacks.
Congenital Brain Damage
Some brain injuries happen due to genetics or trauma suffered during or just after birth, causing what’s known as congenital brain damage.
Subtle Brain Injury
Quite often after people have experienced a head injury they don’t realise they are suffering from a brain injury. The symptoms can sometimes be quite subtle and so it’s really important we speak with your family members and those closest to you about any effects they've noticed in your day to day living. Signs that could indicate you may be suffering the effects of a subtle brain injury include:
- Difficulty concentrating on things such as watching a film and not following the plot
- Memory problems – such as forgetting what you have gone into the kitchen for
- Communication difficulties – not being able to express yourself properly and say what you are thinking
- Problems making decisions
- Difficulties with your executive functions, struggling to plan and organise things
- Fatigue, feeling shattered
- Altered sense of taste and smell, going off certain foods and drinks you usually like
- Sensitivity to light – needing to draw the curtains more often or wear sunglasses when you are out
- Sensitivity to sounds
- Dizziness / balance problems
- Ringing in your ears
- Sexual Difficulties
- Feeling depressed
- Mood Swings
- Angry Outburst
- Changes in your personality
- Losing your motivation for things
We have recovered large awards of compensation for many people in this category who of subtle brain injury who were not fully aware at first of that they had suffered a brain injury.
What Are the Common Causes of Brain Injuries?
Anybody can suffer a brain injury. It might happen in a split second due to a physical blow, or over time because of a degenerative condition. Common brain injury claims we deal with include:
- Road traffic accidents, whether as a driver, cyclist or pedestrian
- Workplace accidents, including falls, being hit on the head by a falling object and exposure to toxic substances
- Public place accidents, such as falls in shops, restaurants, parks, being struck on the head by branches and other falling objects and some accidents on holiday
- Medical negligence, including birth injuries, misdiagnosis, surgical errors and delays in treatment
- Criminal injuries due to physical assault
- Military accidents, including training and parachute accidents
Who Can Make Brain and Head Injury Claims?
Brain damage can affect every aspect of your life, from your career and relationships to your physical wellbeing and mental health.
When the circumstances were avoidable and another person or organisation is fully or partly responsible, you could claim compensation. Our head injury claims solicitors can get you the treatment, compensation and support you deserve.
Making a claim can hold the responsible party to account and even prevent more injuries happening in the future. It can also help you or a loved one enjoy the best quality of life possible.
The potential severity of a brain injury means the person involved may not be able to make a claim themselves. In these cases, you could claim severe brain injury compensation on their behalf.
Parents and legal guardians can also claim brain injury compensation for children under the age of 18.
In any case, we’ll need to prove that the other party was to blame. If you’re not sure if you can or should make a claim, the best way to find out where you stand is to speak to our friendly legal experts.
We’ll talk you through your options without any confusing legal jargon. Your claims assessment is free and confidential, and there’s no obligation to go ahead with a claim if you don’t want to.
How Much Can I Claim For a Head Injury?
There’s no quick and easy answer as these cases can be complex and every situation is different. Head injury compensation amounts vary depending on factors including:
- Injury severity and the impacts on a person’s life
- Treatment and rehabilitation costs
- Ongoing care needs including home adaptations
- Lost earnings, whether temporarily or permanently unable to work
- The degree of responsibility, for example if you partly contributed to your injury by not wearing a seatbelt for example.
For a serious brain injury claim, it’s likely that you’ll be awarded a large lump sum to pay for your care and rehabilitation for the rest of your life. Examples of successful claims we’ve handled include:
- £12 million compensation in a medical negligence brain damage case
- £3 million compensation in a car accident brain injury case
Whatever your situation, your dedicated brain injury compensation lawyer will fight to make sure you receive an appropriate amount. This total will be based on guidance set out by the Judicial College and the details of your case.
We’ll also aim to get interim payments throughout your case to ease any financial pressure and organise care and rehabilitation packages as early as possible.
You can read more about how much compensation you could get for a head injury in our payouts guide. Alternatively, see our case studies hub for more examples of the compensation we’ve won for people like you in the past.
How Else Can I Get Support as Part of a Serious Brain Injury Claim?
Winning financial compensation is only part of our work in helping injury victims and their families. Our specialist brain injury solicitors can also:
- Organise specialist treatment: Getting referrals in your local area can have an enormous impact on your rehabilitation and recovery. We can work with your Case Manager to arrange care from different providers, help with buying specialist equipment and recruit and train any care staff you may need
- Advise on relevant care services: Your Case Manager can talk you through the support you can receive from your local authority and other services available nearby and our Public Law team can advise you on any legal steps you can take to access statutory funding
- Help with Court of Protection issues: In severe brain injury cases, various decisions will have to be made on behalf of the injured person under the Mental Capacity Act 2005. Designated decision makers are known as deputies. Our Court of Protection solicitors can help you with any deputy issues and include the costs in your claim
- Help with a Personal Injury Trust and Benefits: If you can’t work, either temporarily or permanently, your Case Manager can help you claim welfare benefits to ease the financial pressure. We’ve also successfully helped some clients with the benefits appeals process, if they’ve been refused payments such as Personal Independence payments. When you get an award of damages, usually on your first Interim Payment, our Wills and Trusts team can help you to set up a Personal Injury Trust. A Personal Injury Trust will help you to manage your compensation and also allow you to continue to claim benefits such as Personal Independence Payment (PIP), Employment and Support Allowance (ESA) and Universal Credit.
What Are No Win, No Fee Brain Injury Compensation Claims?
We deal with many head injury compensation claims on a No Win, No Fee basis. This means there’s no financial risk to you as long as you have the right insurance, which we can also help to arrange.
You won’t pay any upfront costs and if your No Win, No Fee claim is unsuccessful, you won’t pay any legal costs. If you win, some of your legal costs will be paid for by the other side and some from your settlement. We’ll agree this amount with you before getting started so there are no nasty surprises.
Why Choose Simpson Millar’s Head Injury Solicitors?
A brain injury can be devastating, especially if it was caused by somebody else. Making a claim can help you get the financial, medical and emotional support you need to move forward.
Once you feel ready, here are a few good reasons to get in touch.
- Our specialist brain injury solicitors have the experience and expertise to get you the right result. Learn more about our people
- You can get the best treatment available from our network of case managers and medical professionals. You’ll also have support from our independent financial advisors
- We’ll speak to you clearly and regularly while we handle your claim. Our aim is to keep you up to date while allowing you to focus on your rehabilitation
- We have links with leading charities that support people with brain injuries. We’re listed on the and are a Legal Support Service Partner for the Child Brain Injury Trust (CBIT).
- You can rely on our reputation. Several of our solicitors are accredited for accredited for clinical negligence by the Law Society, while we’re also preferred legal partners in the East of England for the Spinal Injuries Association
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Frequently Asked Questions
- What is the Head Injury Claims Process?
We aim to make the claims process as easy for you as possible. Here’s the process:
- You contact us for a free claims assessment. Our legally trained advisors will learn more about your situation and let you know if you have a claim
- We’ll introduce your lead brain injury lawyer. They’ll begin collecting evidence to support your claim, including arranging an independent medical report
- We’ll work out how much compensation you could get and establish your care needs. We’ll then submit your claim to the other side
- We’ll fight to get you the best outcome. Our head injury claims solicitors will negotiate with the other side on your behalf. If they dispute your claim, it may go to court. This is rare, but we’ll be with you every step of the way if it does
- If your claims is successful, you’ll get your compensation in a lump sum. If not, and you took out a No Win, No Fee agreement, you won’t pay any legal costs.
- Is There a Time Limit on Making Brain Injury Compensation Claims?
In most cases you have 3 years from the date of the accident to make a head injury compensation claim.
You can do so at any point during these three years, though generally it’s better make your claim soon as possible. Acting quickly will give your brain injury lawyer the best chance of collecting the evidence they need to make your claim successful. It also means you can access specialist treatment and services sooner.
There are exceptions to the 3 year time limit, such as:
- If the injured person lacks mental capacity to make a claim themselves. The time limit is paused until they regain capacity
- If you’re claiming on behalf of a child. You can contact a child brain injury lawyer at any point until the child turns 18. Once they’re 18, they have 3 years from their 18th birthday to make a claim
- If your injury was caused by an assault. Criminal assault claims typically have a time limit of 2 years
- How Long do Brain Injury Claims Take?
Both non-traumatic and traumatic brain injury compensation claims can be complex and take a few years to settle. This is because the true impact on your life may only become obvious over time. Settling too early could mean you receive less compensation than you need.
You could still get financial help in the meantime, however. If the other party accepts responsibility, interim payments can help pay for treatment and ease any pressure caused by being unable to work.
- What Is the Brain Injury Rehabilitation Process Like?
Brain damage symptoms can vary hugely and rehabilitation 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. But levels of recovery are still possible thanks to rehabilitation.
Rehabilitation aims to help the brain learn alternative ways of working. 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 adapt your home for any new needs you may have following a brain injury. OTs can also help you find ways to minimise the symptoms of a brain injury. One example is using white boards and daily planners to limit poor memory issues
- Speech therapist: To help with any communication and eating, drinking and swallowing problems. This can include recommending helpful devices and training carers and loved ones to encourage better communication
- Psychological therapist: You might be advised to have cognitive behavioural therapy (CBT) to help you cope with life after your injury and improve your mental well-being. The input of a neuro-psychologist and/or a neuro-psychiatrist can be transformative
We have access to a multidisciplinary team including medical experts, case managers, financial deputies and therapists.
As part of your head injury compensation, we’ll work to get you interim payments as early as possible so that you can access this team and pay for any recommendations they make.
- Can I Claim Welfare Benefits After a Brain Injury?
We understand that a brain injury is likely to have a big effect on a family’s finances.
Claiming benefits is one way to ease this pressure. But the benefits system can be complex and confusing, so it’s important to get advice to make your application as quick and easy as possible.
The brain injury association Headway also has lots of useful information on welfare benefits after brain injuries.
- 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. They will can advise you based on your condition
- Inform the Drivers Medical Unit of the DVLA. Failure to do so is a criminal offence and could invalidate your insurance
- Contact your insurance company. You may need to update your insurance policy
- How Can Friends and Family Help with Brain Injury Recovery?
Here are some recommended activities that can help with the recovery period at home after a brain injury.
- List the activities that are still possible: Try to make the most out of everyday activities, including home tasks such as laying the table. These types of activities can be helpful for helping the brain relearn ways of working
- Get information about local support and facilities: Getting involved in local activities, day centres or sports groups designed specifically for disabled people can be a huge help with the psychological effects of a brain injury. They can also help people physically while meeting others in similar situations
- Plan clear routines: Clear routines help towards gaining levels of independence. The schedule needs to be realistic and must include a range of mental and physical tasks.
- Be aware of tiredness: Rest is equally as important as activities and tasks, so build in time for relaxing. This could take the form of watching TV, napping or listening to music.
- Celebrate achievements: It can be motivating to know that progress had been made, so recording improvements and achievements along the way can be a useful recovery tool
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Simpson Millar Solicitors are a national law firm with over 500 staff and offices in Billingham, Bristol, Cardiff, Catterick, Lancaster, Leeds, Liverpool, London and Manchester.