Key points when claiming compensation for a brain injury
- Brain injury claims, especially severe brain injuries resulting in brain damage, can be extremely complex and will require a specialist solicitor to ensure you receive the level of compensation you are legally entitled to and that you will need for ongoing care and rehabilitation
- You can claim for a brain injury if it was caused by someone else, either through an accident or through neglect.
- Compensation amounts will depend on the severity of the brain injury and the effect it will have on your life.
- You have up to three years from the injury to start your claim unless the injured person is mentally incapacitated, for whom the three-year limit does not exist.
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- Over 1,000 years of combined legal expertise
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How much compensation can I claim for a traumatic brain injury?
The amount of compensation our solicitors may be able to claim for you will depend on the severity of your brain injury and the effect it will have on your life.
According to the Judicial College Guidelines from the Ministry of Justice, compensation payouts for brain injuries can vary from £2,200 for the least severe to £403,990 for the most severe.
|Type of Injury||Severity of injury||Amount of compensation|
|Brain Damage||Very Severe||£282,000 – £403,000|
|Brain Damage||Moderately Severe||£219,000 – £282,000|
|Brain Damage||Moderate||£43,000 – £219,000|
|Brain Damage||Less Severe||£15,000 – £43,000|
|Brain Injury||Minor||£2,200 – £12,700|
The amounts listed above are the compensation you may be legally entitled to claim for your general damages – the amount you can claim for your injuries. In addition, you can claim for special damages, the amount you can claim for expenses you may have incurred or will incur in the future.
The amount of special damages you may be able to claim is particularly important for those who have suffered a severe brain injury because, unfortunately, many may need long-term, full-time medical assistance and care. They may also need specialist equipment and adaptations made to their home.
In such instances, claims for special damages could include, but may not be limited to:
- The pain, suffering and loss of amenity
- For loss of earnings and potential future earnings
- Medical expenses for ongoing care, rehabilitation
- The cost of specialist medical equipment
- The cost of full-time care, including the carer’s loss of income if it is a family member
- The cost of adapting your home to the injured person’s specific requirements
Compensation is a legal right intended to put the injured person back in the position they were in before their accident. Unfortunately, this isn’t always possible with severe brain injuries, as comprehensive long-term care is required in many cases.
Our specialist brain injury claims solicitors have extensive experience handling such cases over the last two decades. Speak to our team today to understand your legal rights or use our compensation claim calculator to find out how much you may be able to claim.
How long do I have to make a brain injury claim?
The time limit to start a brain injury claim is three years from the date of the accident or three years from the date a medical professional diagnosed your injuries.
The three-year time limit does not apply if the injured person is mentally incapacitated. It will only begin if they regain mental capacity.
However, these types of claims can become complex, so we recommend starting the claim as soon as possible, preferably within the three-year period.
You have two years to claim if your brain injury was the result of an assault.
If claiming for a child, you can make a claim anytime until their 21st birthday.
We understand the financial impact of an accident.
In 99% of cases, we recovered more compensation than the insurer’s first offer. We’ll provide financial security with our interim payments wherever possible, meaning you don’t need to rush into an offer that is lower than you’re legally entitled to.
Can I claim for a brain injury on behalf of someone else?
Yes. If you are a trusted family member, parent, guardian or carer, there are two instances when you can claim compensation on behalf of someone else for a brain injury.
You can claim on behalf of someone who may not have the mental capacity to take legal action for themselves. You may also claim on behalf of a child.
In both instances, you can claim as a “litigation friend.”
We recommend you start your claim as soon as possible. It is much easier to collect evidence to support your claim while the details of the case are still fresh in everyone’s minds and documentation is still available.
Can I make a brain injury claim for a loved one who has died?
Yes, you can claim for a family member who may have passed due to brain injuries. Contact us today to discuss your case.
Can I make a no win no fee brain injury claim?
Yes. Our experienced brain injury claims solicitors can represent you on a no win, no fee basis.
No win no fee agreements are also known as Conditional Fee Agreements (CFA). This agreement means that there is only a fee on the condition that you win. It means you are safe to pursue a compensation claim knowing that you have no financial risk if it’s unsuccessful.
When your claim is successful, the other side (typically their insurer) pays most of the legal costs, and the law firm takes a fixed and agreed percentage of your compensation. This means you’d never be out of pocket when claiming, and with us, you keep the majority of your compensation.
When making a no win no fee claim, we take out an insurance policy on your behalf, which protects you in the rare event the claim isn’t successful. This is known as an After The Event (ATE) insurance policy, which means you have no upfront costs and nothing to pay if you lose the case.
How much personal injury compensation can I claim?
How do I start a brain injury compensation claim?
With over two decades of experience successfully representing people who have suffered life-changing injuries, we know how difficult this time might be for you.
Contact us today, and our friendly, experienced claims team will provide free, unlimited legal advice, and we’ll be able to let you know your legal rights, including if you can make a claim.
We may ask you for some information about your claim. The more information you can provide, the better we can advise you of your rights.
We may ask some of the following questions;
- When, where and how the brain injury was suffered
- The level of injuries sustained as a result of the accident
- Who may have been at fault for the accident
- If you have any of the following (if applicable) witness statements, accident reports, photographs, police reports, work accident reports, or CCTV of the accident scene
- What medical diagnosis and treatment has taken place
- How the injuries may have affected your life, and how they may have affected your family’s life
You’ll claim more with us.
We have recovered an additional £21.2m more in compensation for clients who switched to us from their previous firm. Contact us now to discover the real value of your claim.
How does the claim process work?
If you decide you’d like us to represent you, we will walk you through the process of making a no win no fee claim, clearly explaining the fees and how you’re protected from any financial loss if your claim is unsuccessful.
Based on the information you can provide, we will instruct an independent medical expert to assess the level of injuries sustained and how they may impact your life. It is at this point we can help set up specialist treatment and rehabilitation, ensuring you’re in the best possible care.
Our solicitors will compile your case based on the information provided, the medical report and other documentation and represent your legal rights against the other party until a compensation amount is agreed upon.
The length of your claim will depend on how complex it may be. In some cases, it may be necessary to wait until both the short-term and long-term damage has been accurately assessed.
Please rest assured that our expert brain injury solicitors will leave no stone unturned to achieve the settlement you deserve. Be assured our solicitors have an extensive history of securing the very highest levels of compensation our clients are legally entitled to.