Brain injury compensation claims
This article covers everything you need to know about making a brain injury compensation claim.
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.
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.
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.
I have a strong claim - why won't a solicitor take it on?
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
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 there will be nothing to pay if your case is unsuccessful.
Road traffic accident claims
Every year almost 200,000* people are injured on Britain's roads. If you have been injured in a road accident that was not your fault, you can claim compensation.
Find out more about claiming brain injury compensation for a road accident: Read more about road accident claims
*Source: Official Department of Transport statistics (gov.uk)
Accidents at work - Claims against your employer
Every year, 600,000* employees are injured in accidents at work. If you have suffered an injury or illness at work, you may able to claim compensation.
Find out if you can claim brain injury compensation from your employer: Read more about work accident claims
*Source: 2016/17 Health and Safety Executive (HSE) report
Quittance's nationwide network of solicitors carry out the legal work for all types of compensation claim and have a wealth of experience in short-term, serious and life-changing injury claims. Our lawyers are selected for their knowledge and expertise and their success rate in winning claims.
About the author
Paul is a member of the Law Society Personal Injury Panel, a member of the Association of Personal Injury Lawyers, and has served as a Deputy District Judge, giving him a uniquely broad understanding of the claims process.
Read more about this Quittance Legal Expert