If you have suffered a brain injury, you may be entitled to compensation given the devastating impact on life quality, and the financial burden of medical care and rehabilitation which can be overwhelming. Brain injuries can have life-altering effects not only on the victims but also on their families and loved ones.

Under English law, individuals who have suffered brain injuries due to someone else’s negligence have the right to seek compensation. This article explores the legal implications of brain injuries, highlights real-life cases in England and Wales, and outlines the steps victims can take to pursue compensation.

The Scope of Brain Injury Claims

Brain injury claims fall under the category of personal injury law. These claims aim to secure compensation for victims who have suffered brain injuries as a result of accidents, medical negligence, workplace incidents, or assaults. The compensation covers medical expenses, rehabilitation costs, lost earnings, and damages for pain and suffering.

Common Causes of Brain Injuries:

• Road traffic accidents
• Slips, trips and falls
• Accidents at work
• Medical negligence
• Sporting injuries
• Assaults

Symptoms of a Brain Injury:

• Loss of consciousness
• Confusion
• Memory loss
• Difficulty speaking or understanding speech
• Problems with balance and coordination
• Numbness or weakness in the limbs
• Seizures
• Mood swings
• Depression

How Much Compensation Can I Claim?

The amount of compensation you can claim will depend on the severity of your injuries and the impact they have had on your life. In recent years, there have been a number of high-profile cases in England and Wales where brain injury victims have been awarded millions of pounds in compensation:

• In 2018, a woman who suffered a brain injury in a car accident was awarded £3.5 million in compensation. She had been in a coma for several months and had sustained permanent brain damage.

• In 2017, a man who suffered a brain injury in a fall at work was awarded £2.5 million in compensation. He had been unable to return to work and required round-the-clock care.

Making a Claim

If you believe you have grounds for compensation for a brain injury, you should contact a solicitor as soon as possible.  A solicitor will be able to assess your case and advise you on the best course of action. You can write to contact@simply.law for more information on what steps you can take.

How do I pay for my legal fees?

Understanding legal fees is crucial for brain injury victims considering a compensation claim. Solicitors in England and Wales often offer various fee arrangements to accommodate clients’ financial situations:

• Conditional Fee Arrangements (CFA): commonly known as “No Win, No Fee” agreements, are prevalent in personal injury claims. Under a CFA, the solicitor’s fees depend on the outcome of the case. If the claim is unsuccessful, the client typically does not pay the solicitor’s fees. However, if the claim is successful, the solicitor’s fees are usually a percentage of the compensation awarded.
• Insurance Policies: Some victims may have legal expense insurance as part of their home or car insurance policies, covering legal costs in pursuing a claim.
• Hourly Rates and Retainers: in rare cases, this may be an option for those who prefer a traditional billing arrangement, though this is less common in personal injury claims due to the financial risk to the client.

Steps for Victims Seeking Compensation

If you or someone you know has suffered a brain injury and believes there is a case for compensation, here are some critical steps to take:

• Seek Medical Attention: Immediate and thorough medical documentation is vital. It establishes the extent of the injuries and their impact on the victim’s life.
• Consult a Specialist Solicitor: It’s crucial to engage a solicitor specialising in personal injury claims, particularly those with experience in brain injury cases. They can provide expert advice tailored to your specific situation. Simply.Law (write to contact@simply.law) can provide a list of personal injury law firm recommendations.
• Gather Evidence: Collect and organize all evidence related to the injury and its causes. This includes medical records, witness statements, and any other documentation that supports your claim.
• Legal Proceedings: Your solicitor will guide you through the legal process, which may involve negotiating a settlement or taking the case to court.
• Rehabilitation and Support: Beyond legal compensation, it’s important to focus on rehabilitation and accessing support services to aid recovery and adaptation to life after injury.

Conclusion

Brain injuries can have profound and lasting effects, but the legal system in England and Wales offers a pathway to compensation and justice for victims. By understanding the legal implications and following the necessary steps, victims can secure the support and financial compensation they deserve. If you believe you have grounds for a compensation claim, consulting with a specialist solicitor is the first step towards navigating this complex legal journey.

Remember, each brain injury case is unique, and the advice of a legal professional can provide clarity and direction tailored to your individual circumstances. Please write to us at contact@simply.law if you would like more information on how to make a personal injury claim.

Get Started Today

If you would like to assess your circumstances and discuss whether you have a personal injury or medical negligence claim, please email ask@simply.law.