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

Expert claims solicitors helping you adjust to life after brain injury

Our specialist claims solicitors are leaders in their fields, with decades of experience claiming compensation for clients who have survived brain injury as a result of an accident or medical negligence. Our dedicated personal injury solicitors have significant expertise in acting for clients involved in road traffic accidents, accidents at work and agricultural accidents. While our specialist medical negligence solicitors have considerable experience representing those who have sustained a brain injury as a result of negligent medical treatment.

Through our extensive experience, we have developed relationships with leading barristers and experts in the field including neurosurgeons, neurologists, Brain Injury Case Managers, rehabilitation specialists, architects, employment consultants and experts dealing with care and support. This means we can quickly assemble a team of specialists to fully investigate the consequences of your injury on your life, to enhance your independence and maximise the value of compensation due to you.

Frequently asked questions

How do I make a claim?

There are numerous ways you can contact Clarke Willmott if you want to discuss your compensation claim with us. You can go through our website and access a form there and we will get back to you or you can simply telephone us, all of the numbers are available on our website and we’ll speak to you as soon as we can.

In reality, not every claim is worth pursuing – some cases are simply too complicated or expensive and have a poor chance of success. Start by seeking advice from one of our specialist medical negligence solicitors. The initial consultation is free and will help you understand whether your claim is likely to have a positive outcome for you.

How can I pay for the expenses of my claim?

One of the big things that concerns people when thinking about contacting a lawyer is how much is it going to cost them. And what we can do, is we can reassure you on that at the very start because we will be looking for the best solution for you. That can include working with you to see if you’ve already got any existing insurance cover that will cover your legal costs.

The alternative and most common way that we proceed with cases is on a no win, no fee basis. Which means that there is little or no risk to the client. They are regulated by our regulator and so you can guarantee that it will be a proper product, you’ll be given full advice at the outset so that you can decide whether you want to proceed, but financially there should be very little risk, in fact no risk to you.

It’s important to consider how you’re going to pay your legal expenses especially as the cost of pursuing a medical negligence claim can be high. However, there are funding options available that could help reduce the expense, such as an existing insurance policy covering claims of this nature, a Conditional Fee Agreement (often called ‘no win no fee’) or legal aid.

Before you embark on your claim, we will talk you through:

The potential cost of pursuing your medical negligence claim
What percentage of these costs you might get back
What funding options are available to you.

How much compensation could I get?

In terms of thinking about how much compensation you will get, it’s important to note that every case is different. In our jurisdiction, we have a system that’s what we call a compensatory system. The object of bringing the claim is to put you back in the same position you would have been in, as best money can, as if you’ve never had the accident. So it’s impossible to say for any given case at the outset how much money people will get.

What we will do is we will look at all sorts of things that make up the value of the claim. So if you’ve been unable to work and had a loss of earnings, we’ll calculate that. We’ll make sure that we’re getting good advice from experts as to the cost of all the equipment, prosthetics, wheelchairs and everything else that you might need. We’ll also be able to include things like the claim for costs for care and assistance, for things that you can no longer mange yourself. But as I say, every case is individually assessed, and we will look at your case on an individual basis.

Every case is different, but here are some examples of compensation awarded to our clients:

£8.6 million – awarded to a child with cerebral palsy resulting from negligence during birth.
£1.5 million – awarded to a client who suffered a stroke due to negligence following a heart bypass procedure.
£500,000 – awarded to a family whose child suffered brain damage after a GP negligently failed to refer them to hospital.
£220,000 – awarded to a client who faced a delay in the treatment and diagnosis for a malignant melanoma.

If I have a claim, how long will it take?

One thing that concerns people who are bringing a claim is how long it’s all going to take? When are they going to get their compensation. And there is really two things to say about that. The first is this: If we can establish liability on your behalf, we can prove that someone else is at least partly to blame for your injuries, we can usually get interim payments on account of damages quite quickly so we can start to help you with financial concerns or to fund the things that you need at the earliest part of your case.

In terms of how long the whole claim will take, that is actually very dependant upon the medical position and how well you are going to recover from your injuries and when we’re going to know how well you’ve recovered from your injuries. Everybody’s injury is different. Some people can reach a final position within a matter of a few months or a year or so, other people require much more lengthy rehabilitation, perhaps a number of other medical procedures. And this is important because we will only want to try to settle your claim when we can reasonably predict the future. And in doing so, that makes sure that we get the right level of compensation for you.

Can you make a claim for compensation for brain injury?

There’s no question that having a brain injury is life changing. However advances in brain injury rehabilitation and provision of truly specialist services from Case Managers, medics and therapists mean that often significant recovery can be made, and bringing a compensation claim can help in that process.

You could be entitled to make a claim if you’ve sustained a brain injury as a result of:

A road traffic accident
An accident at work often involving dangerous machinery or falls from height
Delayed or misdiagnosis of an infection or illness such as meningitis, encephalitis or a brain tumour

If you’re entitled to compensation, we will liaise with third party insurers and seek to arrange for rehabilitation and an independent immediate-needs assessment as soon as possible. Where we can, we will assist you through a Brain Injury Case Manager to access all the you need and to recruit a multi disciplinary team of therapists to maximise your recovery.

We’ll also seek to obtain interim payments at an early stage to help alleviate any immediate financial strain so you can concentrate on your recuperation and rehabilitation.

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.

The causes and effects of brain injury

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, loss of motor control in limb 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.

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 medical treatment, rehabilitation and therapy
The cost of extra or adapted accommodation
The provision of Case Management nursing and/or domestic care
Transport and equipment
An award for the brain injury itself

Reasons to choose Clarke Willmott for your brain injury claim

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. Some of our Partners are accredited by the Association of Personal Injury Lawyers as Brain Injury Specialists
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.
Putting you at the centre – we understand everyone is different. People will have different goals and aspirations as they go through the recovery process. We will listen to you and try to use the compensation process to help you achieve those goals.

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 the Encephalitis Society.

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.

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