Partner, Head of Employer's Liability - Serious Injury
If your friend or relative sustains a brain injury, the effect can be devastating both for them and their loved ones. Sadly, people who sustain these injuries are often left with lasting damage and sometimes lack capacity to make their own decisions. If you have a child that has sustained a brain injury, then they of course will need another person to act for them in order to make a claim for the brain injury. In this article, we’ll tell you what you can do to help them claim for damages, which can be used for much needed care and support.
There are many reasons why someone may sustain a brain injury and it doesn’t always have to be from something like a fall. For example, they can result from:
This list isn’t exhaustive, so don’t be deterred from taking legal action if the reason for your loved one's brain injury isn't mentioned. If they acquired a brain or head injury through no fault of their own, you could be entitled to claim for compensation on their behalf which could help with their ongoing treatment.
We're rated‘Excellent’The effects of a brain injury can vary substantially. Sometimes it may be obvious something isn’t quite right, but at other times the symptoms are less apparent. Some things to look out for are:
If a loved one has been diagnosed with a brain injury, you can contact our team of Specialist Personal Injury Solicitors who will assess your case for free. We can visit you and your loved one, either at home or in hospital. If we think you have a case for compensation, we may be able to deal with it on a No Win No Fee basis.
If the person who has acquired a brain injury is unable to make a claim for themselves, either because of their medical condition or because they are under the age of 18, then you can do it on their behalf by becoming a Litigation Friend. The claim will be made in the same way it would if the person was making the claim themselves. The difference is that the Litigation Friend will give the instructions to the Solicitor, not the injured person.
Yes, there’s a three-year time limit from the accident which caused the injuries or the date of diagnosis.
If you're making a claim 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 the brain injury happened as a result of a violent crime, you can make a claim through the Criminal Injuries Compensation Authority. If you use this method, then you only have two years to make your claim.
When it comes to brain injuries, medical evidence is absolutely crucial. If the injury was caused by an accident, try and get any witness statements, photos or videos from the scene. Make sure that the accident is reported either to the police or to the company where it took place. Companies have a legal obligation to record any injuries on their premises in an accident report book. Your copy of this entry would make it almost impossible for them to deny the incident took place.
This depends on many different factors, such as how quickly we can gather evidence and medical reports, and whether the person responsible for your injury admits liability straight away. If they do, then we may be able to apply for you to get interim payments, to help with any ongoing costs until the final settlement is reached.
This depends on the circumstances of each individual case. We’ve helped many people win compensation for these types of injuries, which can be used for ongoing care and rehabilitation (sometimes lifelong). Compensation can also account for loss of income or a person’s inability to pursue their career due to the limitations they now face. In some cases this can be in the millions of pounds depending on the severity.
When calculating the claim, we’ll also address any costs that have already been paid. For example travel costs to appointments, adaptations to the person’s home or private care costs, where a family member may have looked after them free of charge.
A brain injury can impact on every aspect of a person’s life, preventing you from returning to work and leave you needing specialist treatment, therapy and rehabilitation. But some consequences can be so subtle that they’re very hard for many people to spot.
As a Serious Injury Solicitor who specialises in Brain Injury Claims, it’s my job is to make sure that whoever is responsible for the accident that caused a brain injury, or their insurance company, pays compensation, so the injured person can be helped back into the position they were in before the accident happened; as much as possible.
If the party responsible for the accident admits their fault early on, their insurance company will often fund rehabilitation to aid your recovery. It benefits all parties for the injury to heal as soon as possible and for the injured person to be well enough to get back to work.
The law around Brain Injuries can very complex, but our Serious Injury Solicitors have the experience and knowledge to help the person you represent get the right result. We have links with organisations such as Headway and the Child Brain Injury Trust, who are also specialists in this area.
We can help get the best treatment and support to help the injured person continue to live their life as normally as possible. For a free assessment of your case contact our team today.
Our personal injury claims Solicitors secured compensation for a young man who sustained devastating injuries in an accident whilst travelling as a passenger in his friend’s car.
Our client was left with a life-changing brain injury after a serious assault at work, but with our help, he has managed to get the care, support and rehabilitation he needs to live with his injury.
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
