Expertise in Brain Injury Claims

Brain Injury Claims

Each year in the UK, around one million people attend A&E departments as a result of a head injury. Approximately 13% of these injuries affect the brain so severely, the person must stay in hospital. Some people will experience a major long-term impact on their physical, cognitive and communication abilities. This can last for the rest of their lives.

While money goes a long way to help a person who has had a brain injury, it is not the only help available. Our specialist brain injury claims lawyers have access to a range of support and rehabilitation services. These are invaluable for helping you or your loved ones recover.

What are the different types of brain injury claims?

Brain injuries are either traumatic or non-traumatic. A traumatic injury is when you suffer a blow to the head so severe, the brain bleeds or moves around inside the skull. Car crashes, bike, motorbike or horse accidents, hitting your head while falling, or an object falling from height are leading causes of traumatic brain injury.

A non-traumatic brain injury is when an illness or medical condition affects the brain. Illnesses such as meningitis, brain tumours, hypoxia (shortage of oxygen to the brain) and certain metabolic illnesses can cause non-traumatic brain injury.

Whatever the type of brain injury, the effects are often far-reaching. Serious brain injuries can permanently damage the brain. This makes it difficult for the person to speak, make decisions, remember things, and carry out day-to-day activities. Family and friends must often support their loved ones who may not be able to live as independently as they did before.

Can you claim compensation for brain injuries? 

The short answer is yes, you can claim compensation. This is as long as you can prove that someone else was responsible for the accident. And that the accident was also the cause of your injuries.

Even if the injury was partly your fault, you may still be able to make a claim for compensation. This is often the case in road traffic accidents. For example, if your injuries are more serious than expected because you failed to wear a seatbelt. The other driver is not 100% responsible for your injuries in this scenario. It is likely that the Courts will reduce your damages to reflect the part you played in the accident. But even if your compensation reduces by 25%, you will still receive 75% of your damages.

The law can be complex on the issue of partial responsibility, so you should always seek advice from a specialist brain injury claims solicitor.

Who do you sue in brain injury claims?

You can bring a claim against the person who was responsible for your accident. However, in practice it is usually the Defendant’s insurance company who negotiates and settles the claim.

The identity of the responsible person depends on the type of accident you have had.

Accident at work brain injury claims

Employers are responsible for keeping their employees safe in the workplace. If you have an injury whilst you are working, then you will claim against your employer’s insurance.

It is possible to claim against your employer even if the cause of the accident was a co-worker. This is because an employer assumes legal responsibility for the actions of their employees. This is under a legal principle known as “vicarious liability.”

Road traffic accident brain injury claims

Your claim is against the driver of the vehicle you collide with. However, it is the car insurer who handles the claim. If the negligent driver does not have insurance, or if they are untraceable, then it is usually possible to claim compensation from the Motor Insurer’s Bureau. MIB will investigate your claim and you have to prove your entitlement to damages in the usual way.

It is important to note that a claim for personal injuries is quite separate to a criminal investigation that the police conduct. However, if the driver is convicted of a criminal offence such as dangerous driving, this helps you to prove that the driver was negligent, and therefore should pay damages for your brain injury.

Public place brain injury claims

Local authorities and other public bodies are responsible for maintaining their streets and buildings. They must also keep them safe for the visiting public. If you slip, trip or fall in a public place, then you will claim against the authority responsible for maintaining it.

Criminal assault brain injury claims

If the cause of your injury is a violent attack or assault, then you may bring a claim to the Criminal Injuries Compensation Authority (CICA). CICA was set up to compensate the victims of violent crime. You have to prove your claim to CICA and recover compensation in the usual way, so you should get help from a solicitor experienced in brain injury claims through CICA.

Will I receive help during my rehabilitation?

If you have a brain injury, then it is likely that you will need hospital care. Accessing these services in a timely manner can make a significant difference to your rehabilitation.  It is vital that you receive the right kind of care. This will give you the best chance of recovering from your brain injury.

At The Compensation Experts, we aim to give you plenty of support as you move towards recovery. We can also play a proactive role in helping you to access the services you need. Assuming the Defendant admits liability, we will try to secure early payments in advance of your compensation. Interim payments can be used to pay for your therapy, disability equipment, personal care and housing while your claim is ongoing.  At the end of the claim, the interim payments you have received will be deducted from your final compensation award.

If we cannot secure interim payments, perhaps because the other side is disputing liability, then we will help you to get support from other bodies. You may be entitled to welfare benefits or grants from the local authority for home adaptations, and we will work hard to make sure you get the support to which you are entitled.

How much compensation will I receive for a brain injury claim?

If you claim is successful, you will be awarded compensation for your injuries. Personal injury compensation is known as “damages.” The aim of damages is to put you back in the position you would have been in, had the injury not occurred.

Whatever the nature of your accident, your compensation will be assessed under two broad categories:

General damages

General damages compensate you for your actual injuries and are often referred to as “pain and suffering” damages. The amount of compensation you receive will depend on the seriousness of your brain injury and the impact it has on your work, social and family life.

This calculation is largely based on the recommendations set out in a publication “Guidelines for the Assessment of General Damages in Personal Injury Cases” by the Judicial College. They recommend the following compensation bands for brain injury claims:

• Minor brain injury: £1,675 to £9,700
• Less severe brain damage: £11,650 to £32,700
• Moderate brain damage: £32, 725 to £166,500
• Moderately severe brain damage: £166,500 to £214,350
• Very severe brain damage: £214,350 to £307,000.

Special damages

Special damages are to compensate you for the financial losses you have suffered as a result of your injury, and any expenses you might have to pay in the future.  The award could include:

• Loss of earnings and loss of future earnings
• Loss of pension rights if you are unable to return to work
• Medical treatment costs and future medical treatment costs
• Residential care facility fees
• Therapeutic services e.g. physiotherapy, speech and language therapy
• Any personal care or home help, including the value of any support provided by your partner or family
• Medical aids or equipment
• Adapting your home to make it easier for you to live in
• Travel expenses
• The cost of managing your financial affairs if your injuries mean you are not able to do this for yourself.

Many people who have brain injuries require care and support in the long term, and sometimes for the rest of their lives. For these Claimants, the award for special damages can be significant and will generally make up the largest part of the compensation settlement.

Is there a time limit for brain injury claims?

There is a strict three-year time limit for personal injury claims. The Court can stop you making a claim if you are out of time. If it is a child under the age of 18, then a claim may be brought at any time until the child’s 21st birthday.

Significantly, the three-year rule does not apply to “protected parties.” A protected party is someone who lacks the mental capacity to make their own claim, perhaps due to a very serious brain injury. When the person is protected, the three-year limitation period does not start running until the person who is protected is once again able to manage their own affairs. In practical terms, this means that a family member can claim on behalf of a protected loved one many years after the accident.

This is not a reason to delay making the claim, however.  Your case depends on the evidence, which degrades over time. Your claim stands a better chance of success if your solicitor can speak to witnesses while their memories are still fresh.

What is the Court of Protection?

The Court of Protection is a special court that protects the legal and financial interests of those who are unable to look after their own affairs, which is a common consequence of brain injury. If you are making a legal claim on behalf of a loved one, then the Court of Protection will approve any settlement agreement to make sure that it is in their best interests. The settlement cannot be finalised until the Court of Protection has approved it.

After the settlement, the Court of Protection will manage their finances and will appoint a Deputy to do this on the Court’s behalf. Often, the Deputy can be a family member. In complex cases involving larger sums of money, the Court may insist that a professional such as an accountant or solicitor is appointed as Deputy.

We can give you further information about the Court of Protection and the management of your future finances if they are likely to have a role in your case.

Next steps

If you have had a brain injury, it is essential that you consult a solicitor who is experienced in dealing with similar cases. Our specialist panel of brain injury claims lawyers have a proven track record with brain injury claims. They also have access to an extensive register of medical experts who can help you get the maximum compensation for your injuries.

To find out whether you can make a claim for compensation, simply telephone our expert advisors. We offer a free initial consultation to answer your questions and discuss the details of our No Win, No Fee funding arrangement. Brain injury claims have strict time limitations, so please get in touch today.