Brain injury compensation claims
Traumatic brain injuries are often complex and compensation is needed to provide a lifetime of support. This means that the process of claiming compensation can last a number of years. It is therefore important that you find a solicitor with the correct experience and expertise to successfully manage your brain injury compensation claim.
At Hugh James, our Neurolaw department was established over 30 years ago. Our brain injury solicitors have specialist experience in managing such claims and are often contacted by clients who have found their original solicitors to be unsatisfactory. Get in touch with us today to find out how we can help you seek justice for what happened to you.
What is a brain injury?
A brain injury is generally defined as damage to the brain. The injury is classed as a traumatic brain injury (TBI) if the damage results from an external force applied to the head. Damage is then categorised as minor, moderate or severe depending on various parameters.
While general definitions are useful, it is important to note that each injury is different and the effects on the individual can differ greatly, requiring varying levels of care, treatment and rehabilitation.
What’s the brain injury claims process?
Your claim will begin with the appointment of a specialist brain injury solicitor who can help you throughout the compensation claims process. Firstly, you and your solicitor will need to demonstrate liability – in other words, prove that your injury was caused, at least partly, by another person.
During the process of making a compensation claim, your lawyer will seek to obtain evidence on the severity of your traumatic brain injury and investigate your probable care and medical needs going forward, known as quantum.
With the help of our team of solicitors, you will make a claim against the individual who caused the brain injury, also known as the defendant. The defendant can be an individual or a company and, generally, the defendant’s insurer will deal with the claim on their behalf. In cases of a violent criminal act, you can seek compensation from the Criminal Injuries Compensation Authority (CICA).
If you conclude your claim successfully, the defendant will pay the agreed compensation. This could include:
- Compensation for the brain injury or head injury sustained
- Loss of earnings
- Funds to provide care, support and case management
- The cost of any treatment that is needed.
- Court of Protection costs, if a deputy is required
- A periodical payment order (PPO), which is an annual, index-linked payment for life to cover future, year-on-year expenses such as care and case management
How much can I get for a brain injury compensation claim?
Compensation for your head injury claim will account for any pain, suffering and loss of amenity you have experienced and will face later as a result of your injury. Since injuries can range from relatively minor to life-changing, it’s only natural that the specifics of your compensation will depend on your unique case.
It will be made up of two parts called general and special damages – both of which we will explain further in the following sections.
General damages are to compensate you for the injury itself – this covers the pain, suffering and loss of amenity 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 injury. A special office of the Ministry of Justice called the Judicial College publishes detailed general damages guidelines on the range of compensation applicable to each type of injury. In addition, our lawyers review case law and use their expertise to value the general damages you may be able to claim.
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. The specialists will examine you and have access to your medical records. From there, they will be able to provide an accurate diagnosis and prognosis within their report.
Once this evidence is in place, we will be able to tell you how much we think your brain injury claim is going to be worth.
Special damages compensate you for any past or future financial losses directly resulting from the incident that caused your injury.
Past losses include:
- Care costs, such as the cost of private medical treatment and rehabilitation
- Case management costs
- Prescription charges or medication
- Purchase of aids and appliances
- Loss of earnings
- Travel expenses
- Care costs
- Personal belongings and clothing damaged in the accident
- Housing adaptions
Future losses can include:
- Future loss of earnings
- Loss of pension
- Care and case management costs
- Accommodation costs
- Future private medical treatment and rehabilitation
- Aids and appliances
This list is not exhaustive and we will thoroughly consider 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 documentary evidence to prove financial losses, such as wage slips, receipts, and invoices, which will be crucial in proving your special damages claim. Additionally, it’s wise to keep a log or brief diary of any unforeseen problems that you encounter while recovering from your injury.
How am I going to pay for long-term care?
While we aim to maximise your brain injury compensation in the shortest possible time, we can also help with the immediate issues that 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.
In the long run, your care will be funded through the brain injury compensation that you receive as a result of your claim. While we aim to help you secure this in the shortest possible time, there will still be a sizeable period between now and then.
However, we can also help you deal with the immediate issues that you may face in the days and weeks following your accident.
Undoubtedly, rehabilitation is one of the most important aspects of your recovery and will lay the foundation for the next chapter of your life. We will work with you to make sure you receive the best private rehabilitation available right from the beginning of your claim.
At Hugh James we are very experienced in securing this rehabilitation for you, sometimes before the defendant has accepted liability. Below, you’ll find many of the ways that we will assist you over the course of your claim.
- 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
- Court of protection support
- Care and case management
- Periodical payments
- Independent financial advice about compensation investment
- Other legal services e.g. conveyancing, wills etc.
Why choose Hugh James for your brain injury claim?
Hugh James has a top-ranking personal injury compensation practice working from offices in London and Cardiff, covering the whole of the UK. Our team of brain injury solicitors has a wealth of experience in providing support and guidance to clients throughout the process of pursuing compensation claims. Here are several reasons why you should choose us to help you seek justice:
Traumatic brain injuries have life-changing implications for an individual and their family. Our team of specialist brain injury solicitors provide expert advice and services to ensure you obtain the highest level of treatment, rehabilitation and compensation possible following a traumatic brain injury.
We represent many of our clients on a no-win, no-fee basis. We will also consider whether you have access to any legal expense insurance policies that you can use to ease the burden of seeking compensation – contact us today for free, no obligation advice.