Claiming compensation for a brain injury

A brain injury can be a life changing experience which can impact a person’s life in many different ways. Even a minor head injury can have a devastating and permanent effect on a person’s life.

The charity Headway states that in 2019-2020 there was one hospital admission to hospital for brain injury every 90 seconds.

Julie Hatton, Partner in the Clinical Negligence Team shares how you may be able to claim compensation if you have suffered from a brain injury.

What is a brain or head injury?

A head injury is a broad term that describes a vast range of injuries to the skull, brain, and scalp. Head injuries are commonly referred to as a brain injury or ‘traumatic brain injury (TBI)’ or ‘acquired brain injury (ABI)’ depending on the extent of the trauma. 

There are different types of head injuries such as skull fractures, intracranial haematoma or concussion.

Symptoms of a head injury might include problems with memory and concentration, blurred vision, confusion, headaches, or irritability. More severe head injuries can cause a coma, vegetative state or “locked-in” syndrome where a person is conscious and is able to think but can’t move or speak. 

Head injuries can happen in many different ways such as:

• negligent care during birth or pregnancy
• medical negligence leading to a long term brain injury
• a road traffic collision
• an accident at work
• a sporting injury

How can you get compensation for a brain injury?

Brain injury compensation is complex because of all of the uncertainties about the future. This is particularly the case for young people or children who have suffered a brain injury. But broadly, if someone else was responsible for your brain injury you may be able to claim compensation.

The costs of caring for someone who has suffered a brain injury is a massive worry. Typically, the level of help needed also varies from person to person depending on their individual specific needs both now and in the future. Compensation can help make sure that you or your loved one has the care they need throughout their lifetime.

The level of compensation is based on a variety of factors including:

• Loss of income and pension
• Rehabilitation needs
• Cost of specialist equipment and medical care
• Adaptions to home and vehicle modifications

At Coodes, our specialist team can help you achieve the best possible quality of life and provide financial security for the future. Of course, financial awards can’t fully compensate you or your loved one for a brain injury or address the long-term consequences. However, compensation can help you make necessary adjustments to your lifestyle and help you get your life back on track.

Case story

Coodes previously acted for a client who suffered renal failure together with a mild brain injury at birth and recovered £1.1m in damages. The brain injury wasn’t immediately obvious until the client’s family noted subtle problems with the teenager’s memory and concentration.

The team were able to obtain compensation which provided the client with an immediate sum to cover loss of earnings and future medical treatment. The Court has allowed the client to have provisional damages which means he can re-open his compensation claim at a later date if his medical condition deteriorates.

What next steps should I take?

Coodes Solicitors are specialists in all types of brain injury compensation cases and have strong relationships with associated charity partners like Headway, a brain injury charity, and Cornwall Mobility. We also work closely with financial advisors to ensure that your compensation is managed for your lifetime. 

Coodes can also act as a Professional Deputy for clients who no longer have the capacity to make financial decisions to make sure that vulnerable clients’ compensation is protected. You can contact the Court of Protection team on 0800 328 3282 or fill out our online form.

Working closely with expert medical professionals, we will ensure that all aspects of your case are investigated. We can establish where treatment and care was negligent and how it has caused and/or contributed to your brain injury. We will provide guidance at every stage of your claim to give you the best possible chance of securing the compensation you are entitled to. In many cases, we can support you on a No Win No Fee basis. This means that if your claim is not successful, you will not have to pay any legal fees.

Whatever your case, we offer a free initial consultation to help you understand the process and the likely funding basis of your claim.

If you or your loved one has suffered from a head injury and would like to find out more about compensation, contact Julie Hatton Julie Hatton, Partner in the Clinical Negligence team at julie.hatton@coodes.co.uk or call 01326 214 036.