Brain Injury Compensation Claims

If you were involved in an accident which resulted in an injury or damage to your brain, it can have a serious and long-lasting impact on the rest of your life. A huge part of this is the financial impact due to the initial costs of paying for specialist treatment, installing any home modifications and receiving specialist care. A successful brain injury compensation claim can help you with these costs and relieve financial pressure.

At Compare Compensation Claims, we can help you compare personal injury solicitors easily and quickly, allowing you to find the right brain injury lawyer to take your case forward.

In What Circumstances Can I Claim Compensation For A Brain Injury?

The ways in which trauma-related brain injuries occur can vary greatly, from being seriously injured in a traffic accident to being hurt by faulty equipment while at work. Of course, the more serious the brain damage is, the more compensation you’ll need to allow you and your family to start rebuilding your lives – a specialist will take all of this into consideration and fight for you accordingly.

Although rare, brain injuries caused by medical negligence can also be grounds to claim for compensation to help you and your family afford ongoing medical care and loss of future earnings. In the UK, cases of medical negligence will either be made against the NHS or a private practice, depending on where the negligence occurred. Either way, as a victim of medical oversight or a dereliction of duty on the part of trained medical professionals, you are entitled to make a claim for compensation.

No matter the cause of the brain injury, the way in which you should assess the incident and potentially claim compensation should remain the same.

As it can take years to understand the full impact of a brain injury on your life, it usually takes three to four years for brain injury claims to settle. However, you can usually receive some compensation early to cover costs while your case is ongoing.

How To Start the Brain Injury Compensation Claim Process

If you believe a brain injury was the fault of someone else, getting in touch with a personal injury solicitor should be your first step. You can request a callback from us and one of our expert advisers will be in touch to discuss your next steps.

When making your claim, we recommend that you have all the necessary information and evidence ready. For your case to be successful, your solicitor will need to prove that a duty of care was breached resulting directly in a brain injury. To do this, you will need to provide them with evidence such as a medical diagnosis, CCTV footage or an accident report book that they can then put forward to the court.

Fees And Compensation

In many cases, solicitors offer a ‘no win, no fee’ agreement so you don’t have to worry about losing money when making a claim. This works by only charging you a fee if your claim is successful and you receive a compensation payout. If this is the case, the solicitor takes a set percentage of the amount you receive. Legally, this can be no more than 25%.

As with any personal injury claim, there are no set compensation amounts and your claim amount will depend on your own unique set of circumstances. Once you have found a specialist personal injury lawyer willing to take on your case, they will assess all the different variables and let you know how much your claim could be worth. These variables include:

• The severity of your brain injury and how it is impacting the lives of you and your family
• Any loss of earnings you and your family have incurred
• Any major lifestyle changes cause by the injury
• Any ongoing specialist treatment or home modifications you may require to manage your injury

Rough estimates relating to the amount of money paid out for a brain injury can be found listed in the Judicial College Guidelines. These state that the guidelines for brain injury compensation claims range from around £14,500 for minor brain damage, all the way up to nearly £380,000 for very severe brain injuries.

Although we cannot provide you with a claim estimate more accurate than that listed in the Judicial College Guidelines before a solicitor assesses your case, our useful personal injury claims calculator tool may be able to give you a rough idea of the size of claim you could be looking at. All you need to do is provide us with specific information regarding your accident and injury. Our calculator will then present you with a guideline estimate of the sum you might be able to receive as a result of your injuries.

How Long Do I Have After The Injury To Make A Claim?

For any medical negligence or personal injury compensation claim, the time limit on when you are eligible to make a claim is three years. This is either from the date of the accident that resulted in your brain injury or the date it was diagnosed. if it is a child who has suffered a brain injury, the three year time limit doesn’t apply until they turn 18 years old.