Brain Injury Claims
Advice on when brain injury claims are possible and how you can help somebody else to claim.
Any type of brain injury can be life-changing and have a massive impact on the victim’s life. Whether it’s the result of a motorbike accident, a birth injury, or a physical assault, your world can be turned upside down in an instant. Importantly, compensation for a brain injury might be possible if your suffering was caused by somebody else’s negligence. Therefore, this article will guide you through the essentials of brain injury claims, helping you understand your options and what steps you might take next.
If you’re unsure about your rights or the claims process, we are happy to help. You can always contact us with your questions, and we’ll do our best to help. When you need extra support, we can put you in touch with trusted law firms for free. If you have grounds to continue, they could help to seek the compensation deserve.
What Is A Brain Injury Claim
A brain injury claim lets you seek compensation if another party’s negligence or actions have caused your injury. This process addresses both the immediate effects and the long-term impact on your quality of life. Importantly, like in other serious injury claims, compensation for a brain injury could consist of annual payments for the rest of your life in addition to an initial lump sum payout.
What Types Of Brain Injury Can You Claim For?
You can claim for a range of brain injuries, including:
Traumatic brain injury: Examples include blunt force trauma from road traffic accidents or falls.
Acquired brain injury: Instances from medical negligence or lack of oxygen during childbirth, for example.
Mild to severe head injuries: Cases such as concussion, skull fractures, or penetrating injuries.
Diffuse axonal injury: Injuries from violent shaking or rotational forces.
If you’re unsure if your brain injury would entitle you to claim compensation, please don’t hesitate to contact our team.
What Do I Need To Prove To Be Eligible To Claim?
Generally, law firms only take on brain injury claims that have a fair chance of success. To assess this, they’ll check:
Did the defendant in your claim owe you a legal duty of care?
Was the defendant negligent (i.e., they breached their duty of care) – and did that lead to an accident or incident?
Can your brain injury be directly linked to that incident?
If all of the above are true in your case, there is a chance you’ll be eligible to seek damages for your suffering. If you’d like us to check if that’s the case, please contact us today.
Can I Claim On Behalf of Somebody With A Brain Injury?
Yes, if the injured party is a child (under 18 years of age) or lacks mental capacity, you can act as their litigation friend. This allows you to seek compensation on their behalf. Once approved, you can engage with a specialist law firm in the normal way.
What Are The Time Limits For Brain Injury Claims?
The normal time limit for any personal injury claim is usually 3 years from the date of injury. However, exceptions apply:
If the claimant is under 18, an adult can claim on their behalf at any point before they become an adult (when the normal 3-year rule becomes active).
Where the claimant lacks mental capacity (perhaps because of their injury), there is no time limit whatsoever unless they regain capacity.
If you’d like to check how long you have to make a brain injury claim or want to know more about helping with someone else’s claim, why not speak to us today?
Evidence To Strengthen A Brain Injury Claim
Collecting detailed evidence increases the likelihood of success in a brain injury claim. You’ll benefit from supporting your case with:
Medical records: Hospital admission notes, diagnostic test results, and ongoing treatment records confirm the nature and severity of brain injury.
Accident reports: Incident reports from your workplace, road traffic accident police records, or accident books in public places establish the circumstances of your injury.
Witness statements: Testimony from people who saw the accident or can speak about the impact of your brain injury helps demonstrate both causation and effect.
Photographs and video: Images of the accident scene, injuries, and any visible hazards provide additional context.
Financial documentation: Payslips, benefits records, receipts, and invoices evidence lost earnings and costs linked to the brain injury.
Expert assessments: Reports from neurologists, neuropsychologists, or rehabilitation specialists demonstrate the injury’s long-term effects and prognosis.
Of course, evidence isn’t always immediately available, especially if you’re dealing with the aftermath of a traumatic accident. For that reason, may solicitors offer to seek out the evidence needed to prove the case as part of their service.
Examples of Accidents That Could Result In Brain Injury Claims
You could pursue a brain injury claim if your accident involved another party’s negligence. Common claim scenarios include:
Violent Assaults: Physical attacks in public spaces or workplaces, especially those leading to traumatic head injuries, can also prompt claims.
Medical Negligence: Surgical errors, failure to diagnose serious conditions, or mistakes during childbirth sometimes result in brain injuries and eligible claims.
Road Traffic Accidents: Car collisions, motorcycle incidents, and cycling crashes where another driver acted negligently often result in claims.
Workplace Accidents: Falls from height, being struck by falling objects, or machinery incidents on construction sites, warehouses, or factories are typical examples.
If you’d like us to check if you could claim for a brain injury, please feel free to get in touch. If we suspect your claim is valid, we could put you in touch with a specialist law firm right away.
What Does Compensation For A Brain Injury Cover?
Compensation for a brain injury covers the wide-ranging effects on your life and future needs. Awards consider both financial and non-financial losses resulting from the injury. Typical compensation may include:
Medical expenses: Covers treatments, hospital stays, surgery, medication, rehabilitation, physiotherapy, and specialist consultations.
Care and assistance: Includes paid care, support from family, and adaptations needed if you can’t live independently.
Loss of earnings: Reflects lost income and reduced capacity to work, both now and in the future.
Home and mobility adaptations: Funds modifications like wheelchair access, ramps, stairlifts, or accessible bathrooms.
Specialist equipment: Pays for mobility aids, communication devices, and assistive technology specific to your condition.
Travel and transport costs: Compensates for appointments, hospital visits, and suitable transport if standard options aren’t accessible.
Pain, suffering, and loss of amenity: Addresses the impact on your enjoyment of life and personal well-being.
Solicitors who specialise in brain injury claims often take a while to assess the full extent of the claimant’s suffering. They do so to try to make sure that their client’s needs are fully covered for the rest of their life.
What Are The Benefits Of No Win No Fee Claims?
Choosing a No Win No Fee brain injury claim helps you remove the immediate financial risks of legal action. With this arrangement, you don’t pay upfront or ongoing solicitor fees—costs only apply if your claim succeeds. This gives you the confidence to access professional support, regardless of your financial situation.
Key benefits of No Win No Fee claims include:
Risk reduction: You pay nothing if your claim’s unsuccessful, limiting the financial risk associated with complex brain injury claims.
Accessibility: You access expert solicitors without upfront costs, regardless of your financial status.
Motivated solicitors: Your solicitor is incentivised to secure the maximum compensation because their payment depends on your case’s success.
Peace of mind: You focus on recovery, knowing legal fees don’t build up during the claim process.
If you have questions about starting a No Win No Fee brain injury claim, contact our team today for free advice.
To Discuss A Brain Injury Claim, Get In Touch Today
If you or a loved one has suffered a brain injury and believe negligence played a part, it’s vital to act quickly. The right support can make all the difference when it comes to protecting your rights and securing the compensation you deserve.
Don’t hesitate to contact us for expert guidance on your next steps. By contacting our team, you’ll gain access to specialist advice and support tailored to your unique situation. Take the first step towards recovery and justice, speak to one of our specialists today.