Our expertise with meningitis negligence claims
Our medical negligence lawyers and personal injury lawyers regularly support clients all over England and Wales with all types of brain injury claims.
We are able to secure substantial compensation for our clients in relation to issues such as:
- Misdiagnosis and late diagnosis of bacterial meningitis
- Failure to recognise symptoms of bacterial meningitis
- Failure to order appropriate diagnostic tests for bacterial meningitis
- Failure to correctly interpret the result of diagnostic tests
- Negligent treatment of meningococcal septicaemia
We are accredited by the Law Society for Personal Injury Law reflecting our expertise in this area. IBB Claims’ partner Malcolm Underhill has particular expertise with all types of brain injuries, being accredited as a Brain Injury Specialist by the Association of Personal Injury Lawyers (APIL).
Our team has also been recognised by Chambers & Partners and the Legal 500, the two leading client guides to the legal profession, for our exceptional skill in handling clinical negligence claims.
Legal 500 judges IBB as having a “excellent” personal injury department with its “attention to detail, client-focussed approach, above-average commitment, decisive and timely communication and organisation” with special interest in brain and spinal injury..” and “puts the client’s interests at the forefront of every decision.” Simon Pimlott has “a real eye for detail and works incredibly hard to get the best result for each client.”
Chambers describes Malcolm as being a highly experienced personal injury practitioner with a strong focus on cases that involve brain injury. A client notes: "He is a very personable, sympathetic professional that has helped us as a family….."
How we handle meningitis brain injury compensation claims
Most meningitis brain injury claims can be resolved out-of-court through negotiation and other alternative dispute resolution methods. Even where court proceedings are initiated, we can often still secure a pre-trial settlement, allowing you to avoid a court hearing.
This approach means we can usually secure compensation for you faster and at lower cost, as well as saving you and your family the stress and uncertainty of dealing with court proceedings.
Where court action is required, however, we have the experience and expertise needed to secure the best available result. With strong links with various specialist barristers and other professional experts, we can ensure access to all of the relevant knowledge and skills to give you the best possible representation at all times.
Our no win no fee meningitis brain injury claims service
We typically represent our clients on a ‘no win, no fee’ basis, more properly known as a ‘conditional fee agreement’.
With a no win, no fee meningitis brain injury claim, you will not need to pay any legal fees or expenses upfront and will only need to contribute towards these costs if your claim is successful. This means there is no financial barrier to starting a claim for most people.
To ensure our fees are completely transparent, we provide a full breakdown of the likely costs at the outset. This will show how we calculate our fees (usually based on a percentage of any damages secured) and other costs, such as court fees.
You will then have all the information you need to decide whether to proceed with a claim supported by our team. A client has said, “we were reassured by the no win, no fee guarantee as well as IBB's instructions to take out an insurance for every possibility.”
To find out more about the costs of a meningitis brain injury claim, please get in touch.
Who can pursue a claim for a meningitis brain injury?
If the injured party is an adult, they may be able to make a claim themselves, unless they are considered to lack mental capacity as a result of their injuries. If they lack mental capacity, a loved one will usually be able to pursue a claim on their behalf by acting as a ‘litigation friend’.
You will need to apply to a court for permission to become a litigation friend, which will usually be straightforward if you are already acting as a person’s Court of Protection deputy. As a litigation friend, you have the authority to make decisions about the claim on behalf of the injured party.
If the injured party is under 18, it will usually be their parents or guardian who pursues a claim for them. If the injury occurred when they were under 18, but they have now turned 18, who is able to pursue the claim will again depend on whether the injured party is considered to have mental capacity.
How much compensation can you claim for a meningitis brain injury?
The value of a meningitis brain injury claim will depend on factors including:
- How serious the meningitis-related brain damage is
- The impact this has had on the claimant’s life
- Any specific costs incurred or expected to be incurred due to the brain injury
There are two types of damages you can normally claim for a meningitis brain injury:
Special damages – For specific costs incurred up to the date of settlement. This can includes costs such as paying for private medical treatment, buying special equipment and lost income.
General damages – For non-financial losses, such as pain, suffering and lifestyle changes, as well as expected future financial losses, e.g. paying on-going care support.
We will provide a highly accurate valuation of the claim at earliest opportunity, so you will have a clear idea of what you may be able to achieve before deciding how to move forward.
Time limits for meningitis brain injury claims
The exact time limit for claiming meningitis brain injury compensation will depend on the individual circumstances.
If you are making a claim for an injury you experienced as an adult, you will normally have 3 years from the time the injury occurred or from when you became aware of it.
If you are making a claim for someone who was under 18 when the injury occurred, you will normally have until they turn 18 to do so. If this is not done, they will then be able to bring their own claim until they turn 21.
However, if a person with an acquired brain injury due to meningitis is deemed not to have the mental capacity to bring a claim of their own, then there is usually no time limit for someone else to bring a claim on their behalf.
Get in touch with our expert meningitis brain injury claims solicitors today
To arrange your free consultation on starting a meningitis brain injury claim, please call us on 0333 123 9099, email us at firstname.lastname@example.org or use the contact form on the right to request a call back.