Brain injury

At Hugh James, 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 wellbeing 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.

Client Story

Watch the story of Jenny Rogers. Hugh James successfully acted on her behalf in respect of her personal injury claim and her funds are managed by a Hugh James Court of Protection department.

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What is a brain injury? Case Studies
The claims process Testimonials
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What is a brain injury?

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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.

Types of brain injury

There are two main types of brain injury: a Traumatic Brain Injury (TBI) and an Acquired Brain Injury (ABI).

No matter what type of head injury has been sustained, our team of solicitors can help you with head injury compensation claims and support you and your family through this difficult time.

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.

Headway defines two categories of traumatic brain injury.

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.

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.


The Claims Process

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A brain injury claim will begin with the appointment of a specialist brain injury lawyer 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

National leading brain injury solicitors

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The complexities of a traumatic brain injury, along with the high value nature, 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.

Why instruct 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 Legal 500 and Chambers and Partners

Case Studies

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Traumatic brain injury from motorcycle accident results in £1M lump sum plus £23.5K a year in compensation

Our client was involved in a motorcycle accident in London that left him with severe injuries including a traumatic brain injury. After negotiating, we were eventually able to negotiate a pretrial settlement of £1 million lump sum plus £23,500 per year for our client. Click on the read more button to get the whole story. 
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Brain injury following car accident in France results in £385k award

Our client’s car rolled several times while on holiday in France when he was 18. He developed tinnitus and a loss of smell and taste as well as a change in his personality as a result of his head injury.  We were able to secure an award of £385,000 for this client. Click on the read more button to get the whole story. 
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Cycling accident which leads to significant brain damage awarded six figure compensation

Our client was cycling along a village road when the defendant opened her car door into the path of our client’s bicycle without warning. The accident left our client with severe neurological symptoms. despite dealing with an insurer that was reluctant to pay out, a settlement in the high six figures was eventually achieved. Click on the read more button to get the whole story. 
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Court of Protection For Brain Injury – Brenda Borg’s Video Case Study

Brenda was working a split shift on a day that changed her life forever. When she walked back to work between shifts she was struck by a car while crossing the street. Brenda sustained injuries to her legs and her head, but was eventually awarded a settlement that required one of our court of protection deputies to manage her finances. Click on the read more button to get the whole story. 
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Action for Brain Injury Week looks at Dale Quarmby’s story

Dale Quarmby had 250 bricks fall on his head. This lead to a significant impact on his mental capacity. He really struggled for a while but with the help of his Hugh James court of protection deputy managing his finances he has been able to get his life back on track. Click on the read more button to get the whole story. 
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Testimonials

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

He is described as “extremely fair – he considers all angles before making a decision.” Sources add that “he stands out because of his skill as a litigator and his in-depth knowledge and experience of claims of the utmost severity.”
Chambers UK

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

Catastrophic/neurological injury matters are led by ‘absolute expert’ Andrew Harding, who is also an ‘excellent’ Deputy
The Legal 500

Cari Sowden-Taylor is ‘knowledgeable’ and ‘client focused’.
The Legal 500

Ciaran McCabe “puts his clients first, and always aims to secure the best results for them,” according to impressed sources, who also highlight him as “effective and sensible with a fine grasp of the realities of litigation.” His practice encompasses an array of claims involving serious and catastrophic injuries.
Chambers 2017

Catastrophic injury claims specialist Ciaran McCabe is ‘a tough negotiator who gets results’.
Legal 500, 2016

Ciaran McCabe is “Excellent with clients”
Legal 500, 2015

Ciaran McCabe is a “​High-value brain and spinal injury claims specialist”​
Legal 500 2014

“Ciaran McCabe is an excellent solicitor in the field of spinal and head injury claims. I have no hesitation in recommending Ciaran.”
Dr Christopher Jenner, Consultant St Marys NHS Major Trauma Centre, London.

Consultant Sian Warren is a ‘first-class PI lawyer’.
The Legal 500


Affiliations

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Our brain injury specialists are members of:

Brain Injury Group   biswg membership logo Child Brain Injury Trust




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