Brain injury compensation claims
The complexities of a traumatic brain injury, along with the high value compensation need to provide a lifetime of care means the process of claiming compensation can last a number of years. It is important that you instruct a solicitor with the correct experience and expertise to successfully manage your brain injury compensation claim.
At Hugh James, our brain injury solicitors have more than 30 years of experience in managing such claims and are often instructed by clients who have found their original solicitors to be unsatisfactory. We are listed under the Headway and Child Brain Injury Trust’s approved solicitors list for brain injury compensation claims.
What is a brain injury?
Headway UK defines a traumatic brain injury as damage to the brain from trauma to the head. This damage is categorised as minor, moderate or severe depending on various parameters. However, each individual injury is different and the effects on an individual can differ greatly, requiring varying levels of care, treatment and rehabilitation.
What's the brain injury claims process?
A brain injury claim will begin with the appointment of a specialist brain damage solicitor who can help you throughout the compensation claims process. Firstly, you and your solicitor will need to prove that it was caused, at least partly, by another person (this is known as liability).
During a compensation claim, your solicitor will seek to obtain evidence on the severity of the brain injury sustained and investigate the likely care and medical needs going forward (this is know as quantum).
The process will be undertaken by our team of solicitors against the individual who caused the injury, who is known as the defendant. The defendant can be an individual or a company and generally the claim will be dealt with by the defendant’s insurer. In cases of a violent criminal act an individual can seek compensation from the Criminal Injuries Compensation Authority (CICA).
If your claim is concluded successfully the defendant will pay the agreed compensation which could include:
- Compensation for the brain injury or head injury sustained
- Loss of earnings caused
- Funds to provide care, support and case management
- The cost of specialist equipment, including a suitable property, aids and equipment and transport
- Court of Protection costs, if a professional deputy is required
- A periodical payment order (PPO), which is an annual, index linked, payment for life to cover future, year on year, items of expenditure such as care and case management
How much can I get for a brain damage compensation claim?
We will look at the compensation for your injury as well as the financial losses that you have and will face as a result of the accident. Compensation is made up of general and special damages.
General damages are to compensate you for the injury itself; the pain and suffering that you have gone through and that you continue to go through. They also take into account what you would have been able to do had it not been for the accident.
In order to accurately inform you of the levels of damages that you may be awarded, we will arrange for medico-legal reports from various leading specialists. They will examine you and have access to your medical records and be able to provide an accurate diagnosis and prognosis within their report. Once this evidence is in place we will be able to notify you as to how much we think that your claim is going to be worth.
Special damages are to compensate you for any past or future losses that have incurred or will incur as a direct result of the accident which caused your injuries.
Past losses include:
- private medical treatment and rehabilitation;
- prescription charges/medication;
- the purchase of aids and appliances;
- loss of earnings;
- travel expenses;
- care costs;
- personal belongings and clothing damaged in the accident; and
- housing adaptions.
- Future losses can include:
- future loss of earnings;
- loss of pension;
- accommodation costs;
- future private medical treatment and rehabilitation;
- aids and appliances.
This list is not exhaustive and we will consider very thoroughly and include all items that you may need to make a claim for in the future.
We suggest that you start to keep a list of things that you have had to pay for since, and as a direct result of the accident. We will need to prove the financial losses and documentary evidence such as wage slips, receipts and invoices will be very important in proving your special damages claim. In addition it may also be sensible to keep a log or brief diary of problems that you encounter.
How am I going to pay for long-term care?
Whilst we aim to maximise your brain injury compensation in the shortest possible time, we can also help with the immediate issues which you may face in the days and weeks following your accident. We can also support you with any future legal requirements that you may have.
We will work with you to ensure that you obtain the best private rehabilitation right from the beginning of your claim. At Hugh James we are very experienced in utilising funding for rehabilitation for you, often before liability has been accepted by the defendant.
We have always believed that access to rehabilitation is one of the most important aspects of your recovery and is the foundation for the next chapter of your life. We will seek to obtain funding to provide you with therapeutic services and case management support.
- access to Hugh James Emergency Fund
- welfare benefits advice
- arranging payment holidays on mortgage, loan and credit card repayments
- checking your life and insurance protection policies
- local authority assistance
- arranging powers of attorney
- advice on funding your claim
SHORT TERM ASSISTANCE
- arranging private access for rehabilitation
- interim payments
- housing adaptions or more appropriate housing
- care and support
- transport and mobility
- assistance with employer
LONG TERM ASSISTANCE
- periodical payments
- independent financial advice about investment of compensation
- other legal services e.g. conveyancing, wills etc.
Why Hugh James?
- Hugh James has a top ranking personal injury compensation practice working from offices in London and Cardiff, covering the whole of the UK
- Access to the Hugh James Emergency Fund
- The brain injury team has recovered many millions of pounds for individuals and families affected by a brain injury over the past 30 years
- The multi-disciplinary team includes solicitors with national reputations, a qualified social worker, an accountant and an experienced Court of Protection deputy, able to manage the financial affairs of those who lack mental capacity as defined under the Mental Capacity Act 2005 - a holistic approach
- Our injury solicitors are members of the Law Society Personal Injury Panel and the Association of Personal Injury Lawyers
- Hugh James is approved as brain injury solicitors by Headway UK, the Child Brain Injury Trust and the Brain Injury group
- Leading rankings in The Legal 500 and Chambers and Partners UK independent legal directories
Our team of specialist brain injury solicitors provide expert advice and services to ensure you obtain the best care, treatment, rehabilitation and the highest possible level of compensation following a traumatic brain injury.
Traumatic brain injuries have life changing implications for an individual and their family. Quality care, treatment and rehabilitation are essential to ensure the continued health and well-being of a brain injured person. Our expert brain injury solicitors can help on a no win, no fee basis – contact us today for free, no obligation advice.