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