Brain and head injury compensation claims

“I was very happy with my claim. The hard work that went into it was very clear and I was told everything that was happening all the time. I would recommend Clarke Willmott to anybody. Thank you once again.” – Clarke Willmott client

Specialist brain and head injury solicitors

Every year around one million people attend hospital suffering from some form of head trauma or brain injury. A significant number of people will suffer on-going symptoms after head injury, ranging from mild, short term difficulty with memory, through to severe lifelong cognitive disability.

Understanding brain injury and its consequences is key to working with those that have suffered from one. Our team of brain injury solicitors specialise in dealing with the issues that arise from brain injury, such as bringing claims for brain injury compensation and advising on issues relating to capacity, financial affairs and care. Our goal is to help you recover from your injuries and get your life back on track as soon as possible.

Contents

The causes and effects of brain injury Rehabilitation Compensation for your brain injury Making a brain injury claim – what to expect Time limits for making an injury claim Paying for your injury claim

Reasons to choose Clarke Willmott for your brain injury claim About our brain injury specialists Head and brain injury training events Contact a brain and head injury solicitor Useful links to organisations that can provide support

The causes and effects of brain injury

The main causes of brain injury are:

• Trauma to the head – caused by assaults, falls, sports injuries, accidents at home or at work, motorbike or road traffic accidents and accidents involving horses.
• Medical negligence – brain injuries caused by surgical errors, negligence during pregnancy or birth and the negligent medical treatment of meningitis and encephalitis.

No two brain injuries are the same. Common symptoms which may be present after a serious brain injury, short term or life-long, include:

• Behaviour and mood – irritability/anger management issues, motivation problems, depression, behavioural changes, difficulties with relationship management, lack of inhibition and mood changes.
• Memory and concentration – memory loss, poor attention/concentration, confusion and slowness in thinking.
• Physical issues – fatigue, dizziness/loss of balance, vision impairments, headaches, sleep disturbances, seizures, weakness or loss of sensation, loss of smell, sensitivity to light and sounds.
• Post-concussion syndrome – is a group of symptoms of varying severity and duration that affect a person after a concussion (minor head injury). Symptoms can include confusion, poor memory or concentration, sensitivity to light, visions problems, dizziness and nausea.

The effects of brain injury can be very different from person to person, and our expert lawyers will work hard to assess the effects on you as an individual.

Rehabilitation

The first two years following a brain injury is the optimum time period to benefit from rehabilitation – so it’s important that suitable rehabilitation is funded as soon as possible.

Initial medical care for a brain injury is free to UK residents, however on-going specialist brain injury rehabilitation, which is vital in achieving the best possible outcome following discharge from hospital is often not available without cost.

Our specialist brain injury solicitors will focus on the provision of suitable rehabilitation at a very early stage and use the litigation process to meet the cost of this on a private basis from the outset.

We may also arrange to appoint a case manager to coordinate on-going rehabilitation and to ensure that it is adapted to meet your continuing needs.

Compensation for your brain injury

The level of compensation you receive will depend on the seriousness and duration of your injuries, plus the effect they have on your everyday life and future.

As a result of the long periods of rehabilitation and recovery from brain injury it is often difficult to calculate the amount of compensation, to be claimed for, until sometime after the accident.

Where the injured person cannot work, there may be an immediate loss of income. At the same time, extra expense may be incurred, to cover travel, medical expenses, childcare etc. Where possible we will obtain an interim payment, which is an advance of compensation to meet financial needs. Often several such advance payments can be secured as the case progresses.

When the medical evidence is finalised, it is generally possible to identify the losses and expenses to include in the compensation claim. These will often include such things as:

• Partial or complete loss of earnings and pension
• The cost of future medical treatment, rehabilitation and therapy
• The cost of extra or adapted accommodation
• The provision of nursing and/or domestic care
• Transport and equipment
• An award for the brain injury itself

Making a brain injury claim – what to expect

1. Initial consultation – the initial consultation is free and will help you understand the likelihood of your claim having a positive outcome for you. You can then decide if you whether you want to instruct us to act on your behalf.
2. Rehabilitation assessment – where needed, we’ll arrange for an assessment of your immediate rehabilitation needs and appoint a case manager to coordinate your NHS and private medical treatment. We can seek interim payments to meet your immediate financial and medical needs.
3. Evidence gathering – we have to prove that the brain injury and its consequences were at least partially caused by the incident concerned – be that an accident, assault or negligent medical treatment. This can involve obtaining a police report for accidents on the road, Health & Safety Executive documents for accidents at work and medical records in clinical negligence cases.
4. Assessment of injuries – an assessment of your injuries and needs will be prepared by independent medical experts, both before and after rehabilitation.
5. Calculation of the claim – the claim will be calculated by us and a specialist barrister appointed by us. Our calculations will be based on the evidence obtained from you, those close to you and the appointed experts in your case as well as your past and future financial losses and expenses. You and/or your representatives will be fully involved in this process.
6. Conclusion of your compensation claim – this will be by negotiation or Court Order following a Trial and Court assessment of the value of your case. We are experts in negotiation and will work hard to try to settle your case without going to Court. The vast majority of cases (over 95%) do settle, however if negotiations fail to reach a reasonable offer, we will fight your case at Court to make sure you get the right amount of compensation.

Time limits for making an injury claim

In the UK, Court Proceedings must be started within three years from the date of the accident/incident (often referred to as the limitation period). If the claimant was under 18 when the injury occurred, the three-year time limit will not start until their 18^th birthday.

There are some exceptions to the three-year time limit. If the claimant lacks mental capacity, there is no time limit. For Criminal assaults and Criminal Injuries Compensation Authority claims must be made as soon as possible, usually with a time limit of two years.

Paying for your injury claim

When we meet you, we will discuss the various options available for funding your legal costs and explain these to you as well as advising what the best funding method is for you.

Some of the options are:

• Conditional Fee Agreement – most of the cases we handle are dealt with under a Conditional Fee Agreement (“No Win, No Fee”) which will be at no financial risk to you. An agreed success fee is only payable if we win your case. The success fee is likely to be zero in the event of a claim brought on behalf of a child.
• Legal Expense Insurance – we will investigate if you have this and use it where possible. On a complex case like a brain injury claim, we will arrange alternative funding if your legal expense insurer tries to restrict your choice of solicitor.
• Damages Based Agreement – these are appropriate where legal costs cannot be recovered from the defendant/compensator. For example, Criminal Injuries Compensation Authority (CICA) claims in respect of crimes of violence and claims for compensation to the Motor Insurers Bureau (MIB) under the Untraced Driver’s Agreement.

Not all solicitors offer the same funding arrangements. For example, success fees can differ significantly from one law firm to another. If your solicitors are proposing a success fee that you have concerns about, you are free to consult other law firms to see if they will take a different approach. It is your case. You can instruct who you want.

Reasons to choose Clarke Willmott for your brain injury claim

• Help to fund your claim – we can help you explore your funding options including ‘no win no fee’ and legal aid.
• Winning record – we have an excellent track record of winning brain injury compensation claims, some with compensation worth several million pounds.
• Partner led service – where many firms use unqualified case handlers to run your claim, at Clarke Willmott it will be overseen by a partner who is also one our most senior lawyers, to ensure you receive the best possible service and advice.
• Support step-by-step – we understand that questionnaires and form filling can be confusing and time consuming. That’s why we offer face to face meetings to talk you through the paperwork and help you complete it.

About our brain injury specialists

Our specialist brain and head injury solicitors have decades of experience of acting for, and working with, those who have suffered either head injuries or brain damage caused by negligent medical treatment. We are accredited by the Association of Personal Injury Lawyers and ranked as band 1 by Chambers & Partners legal directory.

Our partners are also actively involved with brain injury charities and the brain injury community. Several of our partners are voluntary Chairpersons for Headway, the brain injury association and we act as specialist solicitors for Headway clients.

We are also supporters of Meningitis Research Foundation and the Encephalitis Society.

Head and brain injury training events

We organise training days for those working in the brain and head injury field. In the past these have been organised in conjunction with the Encephalitis Society, as well as a Paediatric Brain Injury training day in conjunction with 12 King’s Bench Walk and Meningitis Research Foundation.

Contact a brain and head injury solicitor

Get in touch online now or call 0800 316 8892 to arrange a free consultation with a specialist brain injury solicitor, who will help you understand whether your claim is likely to have a positive outcome for you. There is no obligation to go any further after this initial meeting.

We can meet where convenient to you – either in one of our offices, at your home or even in hospital. We represent brain and head and injury clients nationwide from our offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton.

Useful links to organisations that can provide support

• Headwise
• The Disabilities Trust
• Brain and Spine Foundation
• British Association of Brain Injury Case Managers