Head & Brain Injury Claims Solicitors

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If someone suffers injury to their brain, the consequences can be far-reaching. The consequences can range from minor injuries, from which a recovery is swiftly made, to significant behaviour issues and memory loss, as well as the inability to make decisions.   These serious brain injuries usually involve lengthy periods of hospitalisation, rehabilitation and can mean the need for 24-hour care and adaptations to the home.

Compensation is, for many, the only way they can afford to cope with the life-changing results of a brain injury and ensure their dependents are looked after.

At IBB Claims, our specialist brain injury lawyers understand the life-changing impact a brain injury has on victims, as well as their friends and family. That's why we will always go above and beyond to fight for the head injury compensation you deserve, while providing dedicated care and support throughout. Whether you, your child, or another family member sustained the head injury, you can rely on our specialist team to guide you through the claims process with minimal fuss.

Working with Malcolm Underhill and IBB did change my life. It really did support me.

Research reveals around 350,000 annual hospital admissions for acquired brain injury.  The causes vary, ranging from accidents at work or on the road, to assaults and clinical negligence. The outcomes vary too, but the theme that runs through all serious brain injury claims is the drastic change to the person's lifestyle as a result.

Those who suffer injuries of this sort sometimes aren't able to deal with the process of bringing a brain damage claim, so a 'litigation friend' usually does it on their behalf, standing in their shoes, so to speak. This is often a family member.

Testimonial from a widow of a spinal injury victim

If someone else's negligence caused your brain injury, then you have every right to make a claim for compensation. Although it does not automatically follow, the more serious the injury, the more financial and practical support you will need to rebuild your life.  The sum the court awards will reflect the injury and impact on your life.

Talk to IBB's specialist brain injury compensation solicitors for advice on dealing with life after your serious injury. We are members of Headway the Brain Injury Association  and are accredited by the Law Society, as well as being recognised by the Association of Personal Injury Lawyers.    For more information just give us a call on 0333 323 1637 or send an email to enquiries@ibbclaims.co.uk.

What are the types of brain injury?

Brain injuries come in many forms, but tend to be classified based on the severity of the injury as well as how the injury itself was sustained. There are three ways that a brain injury can occur:

Acquired brain injury

An acquired brain injury ("ABI") is an overarching term to cover brain injuries that have occurred since birth, excluding neuro degenerative illnesses such as motor neurone disease.  Examples of ABI are strokes and brain tumours.  

The severity of acquired brain injuries vary greatly case to case, but ABI's can have a devastating impact on victims lives, perhaps preventing them from working and, or, causing such changes in their personality that they require intensive care from others, either in their own home, or in a residential care environment.

Traumatic brain injury

Traumatic brain injury is a form of acquired brain injury.  This type of brain injury is sustained due to external trauma to the head, as a result of an accident or an assault. The effects of a traumatic brain injury can be severe; and cause the brain to move inside the skull, thus changing the blood flow and/or pressure within the skull. These factors often lead to a form of brain damage.  Again, the consequences of a traumatic brain injury are the individual may require support and care for life, in tandem with an adapted home if mobility is difficult.

Congenital brain injury

While acquired brain injuries happen during the birthing process, congenital brain injuries occur while a baby is still in the wombThese injuries either come as a result of a genetic disorder or can be the outcome of something that happened to the mother during pregnancy.

Severity of Injury

The severity of brain injuries can be determined by the symptoms. In the event of a traumatic brain injury (TBI), the symptoms can range through from minor to extremely serious. While concussion, for example, may have some distressing effects such as dizziness, confusion and loss of memory, it is still classed as a minor brain injury. However, when symptoms deteriorate and begin to seriously effect cognition and mobility, it transcends into a moderate brain injury in which the patient may take several months to recover. On the other hand, severe brain injuries are unmistakable, life-changing injuries that require serious medical long term attention. These injuries often lead to a long period of unconsciousness in the patient, ranging anywhere between 6 and 48 hours and beyond.

How are brain injuries caused?

Brain injuries are sustained either due to an outside force or as a result of complications following the initial accident such as swelling in the brain or lack of oxygen flow to the brain. Head injuries can happen in a number of ways, and sometimes can be made worse by poor or negligent medical treatment. Our brain injury solicitors commonly assist victims to claim for compensation following road traffic accidents, cycling accidents, accidents at work, clinical negligence, as well as assaults. If you or someone you love has suffered from a head injury as a result of another person’s carelessness or negligence, you may be entitled to compensation

How can I claim for a brain injury?

Heather Miller is a brain injury case manager who deals with patients with serious head and brain injuries.

No one can prepare for the life-changing impact a brain injury can have, so when it comes to taking legal action, your options may seem unclear. At IBB Claims, we help survivors through the claims process by providing an in-depth assessment on the situation in a clear, jargon-free way.

In order to do this, we will always take the time to gain an understanding of your situation: how the injury occurred, what impact it has already had and how the injury will affect you or your loved one financially in the future.  During this time, we will also collect as much evidence as possible to support your claim: to establish responsibility for the brain injury, as well as understanding the full impact on the health of the person.

Once we have all the relevant information and evidence, we can submit your brain injury claim for compensation.  

If possible, we will attempt to negotiate a settlement with the person or people responsible for your injuries, to avoid the costs and time involved with court. However, if the responsible person, organisation, or their insurers, will not settle for a fair sum, it may be necessary to have your claim heard in court, to ensure you receive the appropriate amount of compensation. Should this be the case, you will be able to rely on our brain injury solicitors to provide representation from start to finish.

What are the time limits for a brain injury claim?

Generally speaking, there is a three-year time limit to make a personal injury claim, starting from the date the incident occurred (or, if the claim is on behalf of a child, three years after they have turned 18).

However, in cases where the individual has lost mental capacity as a result of the head injury and is unable to make a claim without the assistance of others, there may be no time limit. However, each case is unique, so we recommend asking advice from our specialist solicitors at the earliest opportunity. Making a claim at the earliest possible date may accelerate the time it takes to recover the compensation.

How much compensation will I get for a head injury compensation claim?

While we cannot put an exact figure on the amount of compensation you will receive without a full assessment, due to the severity of brain injuries, the amount awarded for serious brain injuries often runs to several million pounds. When our brain injury compensation solicitors begin the process of building your brain damage claim, we will take all factors into account:

  • The extent of the injuries sustained, suffering you have already experienced, likely future suffering and impact on normal daily activities
  • Changes to your lifestyle e.g. transport
  • Specialist equipment e.g. necessary adaptations to your home
  • Medical treatment e.g. surgery, physiotherapy.
  • Past and future loss of earnings
  • Costs of professional care
  • Damage to property

With our expert team of brain injury compensation solicitors, you can rest assured that we will fight to ensure you recover the maximum compensation. As well as seeking to recover the maximum compensation possible, we will be equally focused on your rehabilitation and recovery, to make maximum gains.

How long will my brain injury claim take?

Determining an exact time frame for your claim will only be possible after we’ve examined the circumstances surrounding your case, but generally, the amount of time involved will depend on your injuries and the scope of your recovery.  

With serious head injuries, it’s important to wait until the full extent of your injuries has become clear before settling the claim. If you settle too early, you may be under compensated. It is important to wait until your maximum recovery has been achieved and your future needs can be assessed.   That way you will optimise the compensation you are entitled to.

Even if the claim takes some time to settle, rest assured that in many cases, our brain injury solicitors will be able to secure interim compensation payments for you, which will help to cover your losses, particularly earnings, until your claim is fully settled.   You can also rely on our team to keep you fully updated about how long your claim is likely to take as the case goes on.

Can I make a claim if a loved one has died from their brain injury?

When a loved one passes away, the emotional struggle can be challenging enough – let alone the financial impact their death can have on the whole family. If your loved one died as a result of someone else’s doing something wrong, it’s likely that you will be due compensation.

At IBB, our brain injury solicitors understand how difficult it is to cope with the loss of a family member.   We deal with all cases sensitively.

How much will it cost for me to make a brain injury claim?

If you are concerned that you will not have the funds to bring your brain injury claim forward, rest assured that our solicitors offer conditional fee agreements for personal injury claims. This is colloquially known as “No Win No Fee”, and works exactly as it sounds: should we be unable to recover financial compensation, you will not be charged for your legal fees.

You can also protect yourself from not having to pay the other side’s legal costs if you lose by taking out an insurance policy that costs nothing if you lose. Therefore, you can make a claim without having to worry about paying legal fees either to IBB or the other party who caused the injury.

Why choose IBB’s Brain Injury Lawyers?

We have been acting on behalf of those who have suffered a brain injury, and their families, for decades.  We are very experienced and are externally recognised for your knowledge and experience.  We are solicitors who are committed to supporting those with brain injury, continually striving to improve our knowledge of brain injury, so we may provide the best service to our clients. 

We will always work to ensure that you get the care, support and compensation you deserve.  We know that no two injuries are the same; so our lawyers will never treat you as just another case.   Instead, we will provide a full, detailed assessment on your brain injury claim and work with you to determine the best approach for securing the compensation you are entitled to.

As well as our passion and dedication, IBB Claims are known for expert technical knowledge in serious injuries. Our personal injury and clinical negligence partner Malcolm Underhill is lauded as an Accredited Brain Injury Specialist by the Association of Personal Injury Lawyers. He, along with Simon Pimlott, has also completed his academic studies into Brain Injuries and their consequences with Headway and Northampton University.

We are also able to provide advice on conveyancing, (if a new property requires purchasing), employment advice (if there are difficulties returning to work) and advice on appointing someone to act on the individual’s behalf  (Court of Protection) if they are unable to bring a claim on their own.   If the person’s behaviour causes marital discord and or challenging behaviour, our family and criminal lawyers are on hand to provide additional assistance. For more information or to speak to one of our specialist brain injury lawyers to begin your claim, please call us on 0333 323 1637 or email enquiries@ibbclaims.co.uk.

Malcolm always gets to know his clients, their families and their networks properly