Brain Injury Claims

Brain injury claims

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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

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

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.

IMMEDIATE ASSISTANCE

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.

Key contact

Andrew Harding

Partner, Head of Neurolaw

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Andrew is a partner and head of the neurolaw team at Hugh James. He leads a multidisciplinary team representing only claimants and their families following traumatic brain and spinal cord injury, providing help and support with a heavy emphasis on rehabilitation.

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‘Innovative and hardworking', Hugh James is a ‘market leader' which is establishing a strong national presence. It is one of eight firms recognised nationally by SCOPE, and is also instructed by the Community Health Councils in Wales. Stephen Webber and Mari Rosser are ‘real stars', and Andrew Davies and Hannah Williams (Webber) are also recommended. The team draws on support from the firm’s Court of Protection, social worker and speech therapist departments.

The Legal 500

Andrew Harding is a key partner in the neurolaw department, with formidable experience in complex and high-value head and spinal injury claims.

Chambers and Partners UK

We have appointed Hugh James on a range of site acquisitions. They have provided a professional service with one point of contact, they are responsive, deliver on timescale commitments, good communicators and most importantly, they've helped us get deals over the line.

Chambers and Partners UK

Andrew Harding is considered “very efficient and professionally competent” by his clients.

Chambers and Partners UK

Catastrophic/neurological injury matters are led by ‘absolute expert’ Andrew Harding, who is also an ‘excellent’ Deputy

The Legal 500

Can I once again say how appreciative I am of all the hard work you and all your team at Hugh James put in on my behalf. I have no doubt that without your perseverance and attention to detail we would not have achieved anything near the outcome.

Client

No words can express how much we have appreciated all your help and hard work over the last few years. We are truly grateful. Thank you so much.

Client

We couldn’t have had a better solicitor. So knowledgeable and efficient, yet the most kind, caring and understanding friend all rolled into one, at a time when few people could really understand what my injury had done to me.

Client

The ‘outstanding’ Cari Sowden-Taylor has a ‘lovely manner with clients'.

The Legal 500

Ciaran McCabe has strong expertise in assisting both children and adults with severe injury claims. He often handles cases arising from RTAs and workplace accidents, especially concerning brain and spinal cord injuries. Sources indicate that “he goes the extra mile to make sure clients are satisfied with the outcome of any settlement, and is very conscientious in terms of the overall result.

Chambers and Partners UK

I was delighted with the service which you provided me with, I would not hesitate to recommend you to others. You explained the most complex issues in a straightforward manner and negotiated an outstanding settlement for us.

Client

The 'excellent and responsive' Kate Coles is also recommended.

The Legal 500

Videos

A Court of Protection case study | Jenny Rogers

Affiliations

Specialist Clinical Negligence Panel

The Law Society Clinical Negligence

Child Brain Injury

Headway Cardiff & South East Wales

The Silverlining

The Children's Trust

Case studies

Our client transferred his brain injury compensation claim to the Hugh James Brain Injury Team after being dissatisfied with the service he was receiving at another firm of solicitors.

We managed to settle our client’s claim by way of lump sum payment following a joint settlement meeting and achieved a significant six figured sum to reflect the amount of pain experienced.

Your questions answered

What is a traumatic brain injury (TBI)?

Traumatic brain injury is defined as an injury caused by trauma to the head.

Common causes include:

Being hit in the head
Falling from height
Being involved in a collision.

An individual who has sustained a traumatic brain injury may show signs of:

Confusion
Difficulties speaking
Vision impairments
Dizziness
Loss of memory
Lack of attention, concentration and motivation
Behavioural changes or difficulties

Memory problems
Poor concentration
Problems with planning and organising
Difficulties solving problems
Fatigue
Anger management issues
A lack of motivation.

Category 1 – Closed head injuries

A closed head injury is not visible to the naked eye as there is no open wound. These types of injuries commonly happen as a result of rapid acceleration or deceleration, causing the head to move violently forward, backward or from side to side. These types of injuries can damage nerve fibres in the brain causing a traumatic brain injury.

Category 2 – Open or penetrating wounds

An open or penetrating wound is visible to the eye and exposes the open skull and brain. An injury such as this can result from being struck directly on the head, and outcomes can vary depending on severity. An open wound tends to be localised to the area of the head that has been stuck, while the injury can also be coupled with the fibre damage caused by acceleration and deceleration forces.

Depending on the severity of the injury, the individual may require rehabilitation and support as well as costly specialist equipment.

What is an acquired brain injury (ABI)?

Headway defines an acquired brain injury as a type of brain injury that has occurred since birth, and it can be caused in many ways— from strokes, brain tumours, haemorrhages or a lack of oxygen to the brain. A traumatic brain injury is also a type of acquired brain injury.

An individual with an acquired brain injury may still be able to claim personal injury compensation as a result of medical negligence. Medical negligence occurs when improper treatment or diagnosis of an illness is identified as causing prolonged illness, injury or death. Alongside our dedicated team of solicitors, we also run one of the largest, top ranked, teams of clinical negligence solicitors in the UK who can help you with head injury compensation claims after an acquired brain injury.

Am I eligible to make a brain injury claim?

A traumatic brain injury can have life changing implications for not just the individual who sustained it, but also for their family.

Specialist treatment and rehabilitation is essential but can also be expensive and difficult to arrange without experienced professionals providing guidance.

Such guidance can be provided through a personal injury claim if an individual has sustained an injury which occurred as a result of someone else being at fault.

It is often difficult to consider where fault lies and so the best way to find out if you are eligible to claim is to speak to a specialist brain injury solicitor about your situation.

Am I eligible to make a brain injury claim? FAQ with Cari Sowden-Taylor

Why do I need a specialist brain injury solicitor?

Brain injury is often referred to as a hidden disability so someone with a brain injury can sometimes give the impression that everything is fine.

A specialist solicitor will be familiar with the issues which cause difficulty and will be skilled at speaking to those with brain injuries in a friendly and effective way to get the information needed to be able to make a claim.

As specialist brain injury solicitors we know which expert witnesses will present the evidence in the best way to support your claim. It also takes a specialist solicitor to ensure that the witness statements support and complement the expert evidence.

Sophisticated formulas help to accurately calculate the value of a claim and a specialist brain injury solicitor will use these to ensure that there will be enough money to cover the injured person’s needs such as lifelong care, therapy costs, accommodation and aids and appliances.

Access to appropriate rehabilitation is also vital and the earlier it can be provided, the better. Skill and care needs to be taken to work closely with neuro rehabilitation therapists and clinicians in order to help give their clients the best chance of recovery.

At a time when there are so many challenges, knowing that you have a specialist legal team who are experts in all these details can bring peace of mind.

FAQ - Why do I need a specialist solicitor? Cari Sowden-Taylor

How will making a brain injury claim help me?

Without private funding being provided through a legal claim, or by you, you will have to rely on the NHS for your rehabilitation needs. Even though the NHS is an incredible institution, it is well known that not all specialist treatments are available to everyone or in every area. Specialist neuro-rehabilitation such as neuropsychological treatment, neurophysiotherapy, speech and language therapy, music therapy, and specialist occupational therapy can make quite a difference in terms of recovery. These are examples of treatment which can potentially be funded as part of a personal injury claim.

A specialist brain injury solicitor will also try to secure interim payments to help you out if you were to lose your job or have other financial difficulties as a result of your injury.

If you instruct Hugh James, you can feel confident that you have instructed specialist solicitors who will care about you, as an individual, throughout the claims process. Our team of specialist brain injury solicitors will set up a network of professionals who will support you at every step of the way. These professionals will endeavour to reduce the everyday stresses which often accompany brain injury.

We will aim to ensure that you are awarded an appropriate amount of compensation for the pain, suffering and loss of amenity that you suffer. This compensation will take into account the losses you will experience over the whole course of your life as a result of your injuries.

How Will Making A Brain Injury Claim Help Me?

Will I have to give evidence in court?

How will I fund my brain injury claim?

There are a number of ways that you may be able to fund your brain injury claim. As each case is different, the best option is to speak to your solicitor about your circumstances, but your options normally fall into one of three categories:

The first port of call is to check if you have insurance that covers legal expenses. If you have legal expense insurance, which may be attached to a home insurance policy, we will ask the insurer to pay your legal fees.

If you do not have insurance, and your solicitor determines that there is a reasonable chance of bringing a successful claim then you may be offered a conditional fee agreement (CFA). CFAs are sometimes known as “no win, no fee” agreements. In these situations, your solicitor is taking the risk because they will not be paid unless the claim is successful. In the event that you win your case, the legal fees will either be paid by the other side or will be deducted from the money awarded to you by the court.

If your solicitor is not confident that you will be successful in your claim but you want to move forward with it anyway, you always have the option to cover your legal fees yourself. This is a decision that you will need to consider carefully.

However you decide to fund your claim, your specialist brain injury solicitor will be there to help explain everything to you in a way that you understand so that you can make the best decision for your circumstances.

How will I fund my brain injury claim?

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