Brain Injuries: Claiming Compensation

Wed 5th Jul 2023

Sustaining a brain injury can be a devastating and life-altering event. David Usher explains how you may be able to claim compensation to help with the costs of recovery or long-term rehabilitation…

If a brain injury was caused by someone else, either through an accident or through an act of negligence, then you can potentially look to make a claim for compensation.

We regularly support clients who have suffered brain injuries after road traffic accidents, workplace accidents, clinical negligence, and accidents in public places.

Whether the symptoms are mild or severe, a brain injury can have far-reaching consequences on every aspect of life, including work and relationships. You or your loved one could need ongoing care and treatment over the course of many years or even for life.

Although compensation cannot of course replace the quality of life you or your loved one had, it can go a long way to support future care, support immediate needs and financial needs.

Who can make a claim?

To make a claim you will need to show that another person or company was to blame for causing your injuries. This is the case whether they are fully, or only partly responsible for your injury.

Often a traumatic brain injury will mean that the injured person loses the mental capacity to bring their own claim. However, if your loved one has suffered this type of brain injury, you can make a claim on their behalf by becoming their appointed Litigation Friend.

Here at Coodes, we deal with a wide range of brain injury compensations claims, ranging from people living with severe conditions to those coping with more subtle symptoms that affect daily life.

A complex injury and a complex process

There is, unfortunately, no disguising the fact that brain injury claims are often more complicated and involve different considerations from other forms of injury claims.

A lot of the clients we see have suffered a mild traumatic brain injury, which can be hard for them to cope with, or they may not even realise that they have a brain injury. When they initially come to us, they might be angry or confused as to why they keep forgetting names or have to write to-do lists. When we explore the injury further, they are often relieved to find a reason behind all these changes in their behaviour.

Here at Coodes, our experienced team is used to handling a wide range of claims and we work closely with a range of medical experts – many of whom we have worked with for several years – to explore each case individually.

A claim of this nature can be a slow process, depending on the severity of the injury. You usually have three years to start your claim following a brain injury. However, there are some exceptions to this. For instance, there is no time limit if someone lacks capacity or if the claim is being made on behalf of a child.

We always advise potential claimants to contact us as at the earliest possible opportunity following a brain injury to allow us to begin the process and provide accurate advice tailored to your individual circumstances. It will also mean that we can start collecting evidence to support your case and help you access the best treatment and specialist services you might need.

How much can I claim?

This varies a great deal, depending on the severity of the injury and it is always difficult to pin a figure on it.

Every case is looked at based on the mechanism of the injury and how that affects you or your loved one in the long term.

The value of using a specialist accredited solicitor is that they have expert knowledge of this type of injury and can work with you to get the best possible outcome for you and your family for now and in the future.

Wed 5th Jul 2023

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