If you are considering making a head/brain injury compensation claim, the information on this page is very important. Such claims are typically extremely complex, and so they require a particular level of experience and expertise.
We are personal injury law firm that focuses exclusively on the area of serious and catastrophic injury cases. If you would like to know about who we are, and what we do, please visit the about us area of our website.
If you have any questions that are not answered, whether they are legal or not, please feel free to contact us free of charge and we will help in any way that we can.
The first decision to be made when starting a brain injury compensation claim is absolutely crucial –choosing the right solicitor.
The reason that choosing your solicitor is so important is because very few solicitors have the necessary experience and ability to manage a brain injury claim. Not all surgeons are able to undertake brain surgery, and the same applies to lawyers and brain injuries.
Your lawyer needs to have a truly in-depth understanding of brain injuries and brain injury compensation cases in order to be able to fully appreciate the often far-reaching consequences. There will be many considerations to take into account both now and into the future.
In addition to pursuing your claim for damages, your solicitor will also be responsible for implementing an appropriate rehabilitation programme. Only a lawyer who has worked with brain injured clients for many years will have the right understanding of the issues faced to then ensure that the best rehabilitation and functional solutions are considered from the outset. Depending on the nature of the brain injury there may be a need for a full therapy package to include, for example, neuro-occupational therapy, neuro-physiotherapy and speech and language therapy.
Typically, the most significant rehabilitative gains are made in the first 12 – 24 months following brain injury. In order to maximise this window of opportunity, an effective rehabilitation programme should be designed and implemented as soon as possible.
A lawyer with the correct level of expertise will advise you regarding the many aspects of a brain injury claim, in order to ensure that you receive the right compensation.
For example, if the legal team seek ‘provisional damages’, then in very specific circumstances, it gives the client the ability to have the case re-opened at a point in the future, even if the vast majority of the compensation due has been paid and the case concluded. The reason this method of settlement exists is because with brain injuries it is possible for the injured person to develop further issues in the future, because of their injury. One example would be the development of epilepsy later in life.
Serious Injury Law have a long and proud history of conducting brain injury litigation without having to request any payment whatsoever from our clients.
Funding arrangements can be determined by the particular circumstances surrounding your case and we can offer a range of options. All cases will need to be considered on an individual basis.
In simple terms, there are 3 hurdles to overcome when making a brain injury claim.
For further detail about each of these steps, please visit our dedicated page on the 3 key steps in a claim.
A brain injury compensation claim can take years rather than months to finalise although there are naturally exceptions. It is important not to rush to settlement - it can take medical professionals several years to fully appreciate the impact of a brain injury. Cases can involve several expert medical reports from various disciplines such as Consultant Neurologists, Neuro-Psychologists and Neuro-Psychiatrists. Only once the correct evidence has been obtained can an accurate assessment be made of the brain injury and therefore the correct level of compensation that is appropriate.
Nevertheless our expert lawyers recognise that settlement of the claim represents a major step to enable our clients to move forwards, and as soon as the appropriate evidence has been gathered and the case is as strong as it should be, every effort will be made to bring the claim to a conclusion.
Regrettably, we are occasionally contacted by individuals who have settled their brain injury claim too quickly or without full and proper consideration by their legal representatives. For more information please contact us.
During the process of a brain injury compensation claim, the injured person will need financial support before their final award. They may need a private therapy package as referred to above, adaptations to their living environment, nursing care, and so on. The Serious Injury Law legal team will assist in this regard, seeking interim payments, wherever possible, from the outset.