Brain injury compensation claims - Introduction
The nature of brain injuries mean that they could affect every aspect of a person's life for years to come. It is important that the correct amount of compensation is claimed, in order for the injured person to move on with their life as comfortably as possible.
Quittance's panel of solicitors have assisted with a number of brain injury claims, and will be able to advise you the factors affecting your case, including the likelihood of success and the amount of compensation.
Do I have a claim for a brain injury?
If you have suffered a brain injury in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.
Get a better idea of where you standUse our Online Claim Eligibility Calculator
Who can make a brain injury claim?
In most cases, an injured person can make a brain injury claim if their accident happened as a result of a third party's negligence.
In some cases the injured party may be unable to make a case for compensation as a result of the brain injury. If you are thinking of making a claim for a loved one, you will be referred to as a 'litigation friend', and will be able to make the compensation claim on their behalf.
If the brain injury occurred in an accident at work, you may be able to make a claim against your employer if you can prove that the accident happened as a result of their negligence. There are numerous ways an employer may have been negligent. Some common examples of employer negligence include:
- Failure to adequately train employees and contractors in health and safety
- Failure to follow safety procedures
- Failure to provide employees with necessary safety equipment
There are many other ways an employer might have been negligent, depending on the nature of the job. A solicitor will be able to evaluate your individual case to establish whether the cause of the brain injury was employer negligence.
You may be able to claim for a brain injury caused by an accident that occurred at home if you can prove that the injury was a result of third-party negligence. This could be the manufacturer of home appliances for example, or the company or individual who fitted fixtures and fittings. Your solicitor will be able to assist with identifying who is responsible for the injury.
There are many ways an individual could suffer an accident in a public place, from falling debris or other building site accident, to being involved in a road traffic crash. If your solicitor can prove that the brain injury happened as a result of third party negligence, you should have a claim.
There are rare cases where a person suffers a brain injury due to medical negligence. For example if a patient is starved of oxygen due to mistakes by medical staff, or when surgical procedures go wrong. In these cases the claim will be made against the NHS or private practice.
How much compensation can you claim for a brain injury?
Brain injuries can vary greatly in severity. Some very severe brain damage cases will mean that the injured person will require ongoing care and assistance for the rest of their lives, while other cases might mean that the individual is only incapacitated for a short time.
General damages reflect the seriousness of the injury, ranging from under £2,000 for minor head injuries to up to £326,700 for severe damage. Special damages will be paid in addition to this sum to cover treatment and ongoing care costs.
An initial lump sum will be given to cover the pain and loss of amenity suffered, but additional compensation to fund life-changing brain injuries might be required for things like:
- Alterations to living arrangements
- Future medical costs
- Extra care required
- Lifelong financial implications due to incapacity to work
How does No Win, No Fee work for brain injury compensation claims?
No Win, No Fee agreements, technically referred to as Conditional Fee Agreements (CFAs), comprise the foundation of a claim.
The CFA sets out the service your lawyer will deliver in addition to the success fee. This success fee will be the fee that will be taken from your damages once your claim is successful.
You have absolutely no hidden costs when working with a Quittance personal injury solicitor. You can focus on your rest and recovery, with the knowledge that that there will be nothing to pay if your case is unsuccessful.
Brain injury case study
£477k awarded for brain injuries from a serious assault View case study