What is a head injury?
A head injury is an injury to the head, that is the skull, including the facial area. It does not necessarily include an injury to the brain.
What is a brain injury?
A brain injury is an injury to the brain, either by way of a penetrating injury to the brain, of an object, perhaps a knife entering the brain, or a closed injury, where the brain suffers injury as a consequence of the head being struck or shaken, most notably seen when a passenger or driver is thrown within a vehicle, or where a pedestrian is thrown following impact with a car.
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.
What is brain injury rehabilitation?
Brain injury rehabilitation is the delivery of healthcare services designed to improve, maintain, restore and compensate physical, cognitive, behavioural, social and psychological recovery. Brain injury rehabilitation is frequently provided by multidisciplinary teams of health professionals, along with family members, friends and colleagues, who may work on an interdisciplinary basis.
What are the range of emotions that a brain injury survivor experiences during their recovery?
Brain injury survivors face a range of symptoms and in respect of psychological reaction and adjustment to the injury, the survivor is likely to go through varied stages of recovery, starting with shock, and moving through stages of anger, denial, apathy/depression, acknowledgement, reflection and, finally, acceptance. The timing of such moods and symptoms and their duration will vary in each case but it is likely the survivor will require support during the process.
What is cognition?
Cognitive impairments are the ability, or rather inability, to process data, retain and recall information, loss of initiation, planning and organisational skills.
How can I claim for a brain injury?
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 bring a brain injury compensation claim on behalf of a member of my family?
Yes. It is often the case that in the first few weeks or months following a brain injury, the individual is not well enough to meet a solicitor. It is therefore quite frequently the case that a family member makes enquiries on their behalf, to pursue a brain injury compensation claim. A claim can be made by a family member. We frequently act on behalf family members, where the brain injury patient is unable to instruct a solicitor.
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.
If I bring a compensation claim, will I have to go to court?
The vast majority of brain injury compensation claims, well over 98%, settle without having to ask a court to decide on the level of compensation to which the survivor is entitled. This is because brain injury compensation claims are frequently negotiated to achieve a satisfactory outcome.
Are you prepared to visit me in hospital?
Yes. We frequently visit brain injury survivors and their families in hospital, during the day, evenings and at weekends. We will meet you at a time most convenient to you and your family.
Will you keep in regular contact with us? How will this be done?
We will keep in regular contact, advising on the progress of the case and identify milestones. We will set out what we have to do to win the case and keep you informed throughout. We will have meetings, speak over the telephone, write, whether by email or letter. We will also have regular meetings.
Do you have links with your local headway groups?
We are actively involved with Headway. We have raised money for local Headway.
Do you have experience working with brain injury professionals?
Yes. We work with brain injury case managers, neurologists, neuropsychologists, speech and language therapists, physiotherapists, and others. We actively work with rehabilitation experts. We also, when necessary, instruct specialist barristers who are similarly skilled in acting for those who have suffered a brain injury.
Would you be happy for me to request a reference in relation to your ability to handle my brain injury compensation claim?
Yes. Let us know if you would like a reference and we will provide details of a client for you to contact, as well as a brain injury case manager and barrister.
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 firstname.lastname@example.org .