A delay in diagnosing any medical condition can have severe consequences for patients. In the case of a tumour, this is all the more true,…
Have you or a loved one suffered a brain injury?
If you or a family member have sustained a brain injury caused by someone else’s negligence, you could be entitled to make a No Win No Fee brain injury claim.
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Brain Injury Claims
If you’ve suffered a brain injury because of someone else’s negligence, you could be eligible to make a brain injury claim for personal injury compensation.
Brain injuries can be caused by various factors, such as road traffic accidents, accidents at work, slips and trips and criminal assaults. The symptoms and severity levels can vary widely from headaches and dizziness to loss of consciousness, brain damage and permanent disabilities.
Specialist brain injury lawyers understand the delicate nature of brain injury cases and the significant impact they can have on claimants. They are dedicated to providing close support throughout your claim, ensuring that you receive the maximum brain injury compensation possible.
To arrange a free case assessment and advice from a friendly legal adviser, call 0800 470 0474 today or click here to request a call back.
Key points about brain injury claims
- Am I eligible to claim?
You may be entitled to claim if a brain injury was caused by negligence, such as in a car accident, a fall at work, or a medical error. - Who is responsible?
Depending on the cause, the liable party could be an employer, driver, healthcare provider, or public body. - What is the time limit?
You typically have 3 years to make a claim, with exceptions for children or if the injured person lacks mental capacity. - How much could I get?
Brain injury compensation can be substantial and reflects long-term care needs, loss of earnings, and life impact. - Can I claim on a no win, no fee basis?
Yes, your solicitor will act on a no win no fee basis, so you only pay them a fee if they win your claim.
If you would like to speak to a legal adviser about making a claim, call free on 0800 470 0474 or click here to request a call back.
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Table of Contents
What is a brain injury claim?
A brain injury claim is a type of personal injury claim made by someone who has suffered a brain injury because of another party’s negligence. The purpose is to seek compensation from the person or organisation responsible, such as a careless driver, an employer, a business owner, or the local council.
The compensation awarded will depend on the severity of the injury and will cover the costs of medical treatment, ongoing care, lost earnings, and other related expenses resulting from the injury.
It also includes damages for physical or emotional pain and suffering, loss of enjoyment of life, and loss of amenity. The claim aims to help the victim recover from their injuries and put them back in the position they would have been in had the injury not occurred, as much as possible.
Am I eligible to make a brain injury claim?
Yes, if you suffered a brain or head injury and it can be proven that this resulted from another party’s negligent acts, you may be entitled to claim compensation.
The simplest way to find out whether you have a valid brain injury claim is by requesting a free case assessment with an experienced legal adviser. They will consider the specific circumstances of your case to determine whether:
- The injury occurred within the last three years (there are some exceptions to this rule).
- It was due to the fault or negligence of someone else who owed you a duty of care.
- The injury resulted in physical or emotional harm.
- You can provide evidence to support your claim.
Based on the circumstances of your accident, various UK legislation may be used to prove a breach of duty. Some examples include the Road Traffic Act 1988, the Health and Safety at Work etc. Act 1974 and the Occupiers’ Liability Act 1957.
Is there a time limit to claim compensation for a brain injury?
If you have suffered a brain injury that you believe was someone else’s fault, you usually have three years to claim compensation, starting from the date of your accident or when your injury was diagnosed.
There are some exceptions to the 3-year limitation period:
- Children – A child injury claim can be made at any time before their 18th birthday by a parent or legal guardian.
- Lack of mental capacity – The limitation period is put on hold and only starts to run if the claimant regains capacity.
- Criminal assaults – There is a 2-year time limit to make a criminal injury claim through the Criminal Injuries Compensation Authority (CICA).
- Military injuries – If you were injured while serving in the military, there is a seven-year time limit to claim through the Armed Forces Compensation Scheme (AFCS).
- Fatal injuries – If a loved one has died due to a brain injury, the time limit to make a fatal injury claim is generally three years from the date of death.
To ensure that your brain injury claim falls within the required time limits, it is advisable to contact a solicitor as soon as possible. Starting your claim early can also help you access specialised care for a better recovery and make gathering evidence more straightforward.
How to make a brain injury compensation claim?
Here are the steps to follow if you want to start a claim for a brain injury:
Seek medical attention
If you are involved in any kind of accident, the priority is to seek medical attention as soon as possible. This is important for your health and well-being and for ensuring that your injuries are properly documented.
Gather evidence
Collect any evidence related to your accident and injury, including:
- The names and contact details of any witnesses to the accident.
- Photographs of the accident scene before anything has been removed or replaced.
- Medical reports regarding diagnostic tests, interventions and recovery prospects.
- Police reports, if you were involved in a hit-and-run accident or a criminal assault.
- Copies of CCTV or dashcam footage, where available.
- Accident reports if you were injured at work or in a public place.
- A record of all financial losses and expenses related to your accident and injury.
Contact a personal injury solicitor
Contact a specialist brain injury solicitor to discuss your case. They can provide you with a free initial consultation to assess the strength of your claim and advise you on the next steps.
Start the claim process
If you decide to proceed with a claim, your solicitor will draft a letter of claim, which outlines the details of your injury and the compensation you are seeking. This will be sent to the defendant, who has a set amount of time to respond.
Negotiations
The defendant will either accept or deny liability for your injury. If they accept liability, negotiations will begin to determine the appropriate amount of compensation for your injury. If they deny liability, your solicitor may advise you to take your claim to court.
Settlement or court proceedings
If an agreement is reached, you will receive a settlement offer. If you accept the offer, the case will be closed. If you cannot agree with the other side, court proceedings may be necessary.
Compensation
If your claim is successful, you will receive compensation for your losses. The amount will depend on the severity of your injury, its impact on your life, and any financial losses you have incurred as a result.
How much compensation can I claim for a brain injury?
Each claim is different, and the more severe your symptoms and their detrimental effects on your life, the larger the level of compensation will be.
As well as claiming compensation for the pain and suffering caused by your accident (known as general damages), you can also claim compensation for any financial losses you have suffered as a result (known as special damages).
Some examples of factors that may be considered in your brain injury claim include the following:
- Physical pain and suffering.
- Loss of enjoyment of life.
- Mental anguish and emotional distress.
- Permanent disability or impairment
- Medical expenses, including hospital bills, doctor visits, and medication costs.
- Lost wages and loss of earning capacity.
- Rehabilitation and therapy expenses.
- Home care and assistance expenses, such as hiring a nurse or caregiver.
Insurers and personal injury lawyers refer to the Judicial College Guidelines to help determine a fair compensation for general damages. Some examples include:
| Severity of Injury | Average Payout |
|---|---|
| Minimal brain damage with recovery within 2–3 years | £2,690 to £15,580 |
| Moderate injuries with good recovery, but some ongoing memory and concentration issues | £18,700 to £52,000 |
| Injuries causing reduced ability to work, memory and concentration problems, and a dependence on others | £52,550 to £183,190 |
| Significant risk of epilepsy and impact on the senses | £183,190 to £267,340 |
| Severe cognitive and physical disability with a need for constant professional care | £267,340 to £344,150 |
| Very severe brain injuries with little or no language function or a vegetative state | £344,150 to £493,000 |
Do brain injury solicitors provide a no win no fee service?
If you have a valid brain injury compensation claim, the solicitors at Injuryclaims.co.uk will help you get compensation on a no win no fee basis. That means you do not have to pay any upfront fees, and there is no financial risk to you if your case is unsuccessful.
If the case is successful, the solicitor’s fees are paid as a percentage of the brain injury compensation awarded to you. This percentage, known as a success fee, is agreed upon at the outset of the case and cannot exceed 25% of your settlement.
What are the most common types of brain injuries?
There are generally two main categories of brain injuries, which can have similar effects on the victim’s cognitive, emotional, and physical abilities. In the most severe cases, they can result in permanent physical and/or mental disabilities that cannot be reversed.
The damage to the brain is caused by internal factors, such as a lack of oxygen or increased pressure from a tumour. The most common causes include:
- Stroke or brain aneurysm.
- Brain infections such as meningitis or encephalitis.
- Exposure to toxins or poisons.
- Brain tumours or other abnormal growths in the brain.
- Drug or alcohol abuse.
- Neurological disorders such as Parkinson’s or Alzheimer’s disease.
A traumatic brain injury occurs when an external force causes damage to the skull and brain. The extent of the injury is dependent on the intensity of the impact. Common causes include:
- Being involved in a car accident.
- Falling from heights.
- Suffering head injuries in a sporting event.
- Being the victim of a physical assault.
In a car accident, for example, the sudden forward and backward movement of the head can cause the brain to move forcefully within the skull. When this happens, the nerve fibres within the brain can separate, causing damage to brain tissue.
What are the symptoms of a brain injury?
People affected by brain injuries can suffer various symptoms, depending on their type and severity, but the most common ones include:
- Loss of consciousness or confusion.
- Headaches, dizziness, and difficulty balancing or walking.
- Nausea and vomiting.
- Sensory problems such as blurred vision or ringing in the ears.
- Mood changes such as anxiety, depression, or irritability.
- Cognitive issues, such as difficulty concentrating or memory issues.
- Seizures or convulsions.
- Weakness or numbness in the limbs.
- Sleep problems or changes in sleeping patterns.
What is considered a severe brain injury?
A serious brain injury is typically defined as an injury that causes significant and often long-lasting damage, leading to a range of physical, cognitive, and emotional impairments. Examples of serious brain injury can include:
- Severe traumatic brain injury (TBI) caused by a blow to the head.
- Brain damage resulting from a lack of oxygen due to drowning or choking.
- Stroke resulting in brain damage.
- Brain injury caused by infections such as meningitis or encephalitis.
- Brain injury caused by tumours or other medical conditions affecting the brain.
These types of acquired brain injuries usually need extensive medical treatment, rehabilitation and support. Individuals who suffer a serious injury to the head may have trouble returning to work and experience long-term consequences, such as:
- Physical disabilities like paralysis, deafness, loss of vision or loss of bladder control.
- Cognitive impairments like memory loss, difficulty with problem-solving and language.
- Emotional and behavioural changes such as depression, anxiety, aggression, and impulsivity.
- Fatigue and sleep problems, which can make it challenging to carry out daily activities.
- Social isolation, as they may find it hard to communicate and participate in social activities.
If you or a loved one suffered a serious brain injury due to someone else’s negligence, you might be entitled to compensation for your pain, suffering and related financial losses.
What are common causes of brain injuries?
Some of the most common causes of brain injuries that may result in a successful brain injury claim include the following:
Falling from heights, slipping on wet surfaces, and falling down stairs can cause trauma to the head and result in a concussion or other types of traumatic brain injuries.
When you are involved in a car, motorcycle, or bicycle accident, your head may be violently shaken or hit, resulting in brain injuries that may range from mild to life-changing. Even if there are no visible signs of injury, such as a laceration or open wound, the brain can still be damaged in a collision.
Violent assaults can cause brain injury if the head is punched, kicked, or hit with a blunt object. A person knocked to the ground could also hit their head on the road or pavement, causing devastating injuries.
Work-related brain injuries can be caused by falls from height, being struck by an object, scaffolding accidents, being caught between machinery, vehicle collisions or exposure to hazardous substances.
If your employer failed to protect your health and safety, you might be able to start a work accident claim against them.
Exposure to harmful chemicals, such as lead, mercury, or carbon monoxide, can cause damage to the brain cells and lead to long-term cognitive impairment. Symptoms may include headaches, dizziness, confusion, seizures, and loss of consciousness.
Being hit by a falling object can also cause brain injury, especially if it is heavy or falls from a great height. This can happen in various settings, such as construction sites, warehouses, or even public places where objects may become dislodged and fall from shelves or displays.
Sports accidents can lead to brain injury, particularly in contact sports like football, boxing, rugby, and hockey. Non-contact sports such as horse riding, gymnastics, skiing and diving can also result in brain injuries if you fall or land awkwardly.
Medical negligence can lead to a brain injury due to misdiagnosis, errors made during surgery, delayed treatment, or medication errors. Examples include mistakes during brain surgery, failure to provide adequate oxygen during a procedure, or failure to diagnose or treat a severe condition such as a stroke.
This list is not exhaustive, and many other circumstances may entitle you to make a claim for brain and head injuries.
How long will it take to make a brain injury claim?
Claims for brain injuries can be complex, especially when they result in permanent physical and mental disabilities. Even if the defendant admits liability, gathering all the necessary information to begin negotiations and reach a fair settlement can still take a significant amount of time.
While claims for minor injuries can be settled within months, a significant brain injury claim will usually take at least two years to settle, as it can take a long time to understand the full impact the injury will have on your working ability and daily life.
Once your specialist solicitor has gathered all the necessary evidence, they will strive to negotiate the highest brain injury compensation on your behalf as quickly as possible.
Can I claim for brain trauma on behalf of someone else?
Yes, you may be able to make a brain injury claim on behalf of someone else if they are unable to do so themselves. This may include cases where the injured person is a minor, lacks mental capacity, or has passed away due to their injury.
To claim on behalf of someone else, you will need to be appointed by the court as their litigation friend. Once appointed, you will have the legal authority to conduct legal proceedings on behalf of the injured person.
If you or a loved one has suffered a brain injury due to someone else’s negligence, call 0800 470 0474 or use our contact form to arrange a free consultation with a friendly legal adviser. If you have a valid claim, you will be offered a no win no fee service to pursue the compensation you deserve with no financial risk.
