Brain Injury Claims

Brain injury claims

Brain injuries are among the most devastating types of personal injury. In fact, traumatic brain injury (TBI) is a leading cause of death and disability in people under age 40 in the UK.

Compensation claims for severe brain injuries in the UK are notably complex and intricate, requiring the expertise of a specialist solicitor.

Why make a brain injury claim?

A successful brain injury compensation claim provides financial support to cover the many costs that arise after such a catastrophic injury. This compensation can fund vital rehabilitation therapies, long-term care, and specialist equipment or home modifications the injured person may require. It also replaces lost earnings if the person cannot return to work, and compensates for the profound pain and loss of quality of life experienced. Given that the long-term care for a serious brain injury can cost millions over a lifetime it is essential to ensure the injured person gets the best possible care without causing significant financial difficulties. While no amount of money can erase the trauma, it can relieve financial burdens and provide access to better medical treatment and support services.

Who can claim for a brain injury?

If you or a loved one has suffered a brain injury due to someone else’s negligence such as through a road traffic accident, workplace accident, medical negligence, or an assault for example, you may be entitled to pursue a claim. The injured person themselves can claim if they are an adult with capacity. If the injured person lacks mental capacity to manage their legal affairs (which is common in severe brain injury cases), a family member or trusted individual can act as a litigation friend to bring the claim on their behalf. For children under 18, a parent or guardian must claim on the child’s behalf, and any settlement will be approved by the court and held in trust until the child turns 18. Generally, there is a time limit of three years from the date of injury to start a personal injury claim in the UK (or three years from the 18th birthday in the case of injured children). It’s crucial to get legal advice as soon as possible so that evidence can be preserved and proceedings commenced within this deadline.

When dealing with severe brain injuries, the legal intricacies increase due to the profound impact of the injuries on the victim’s life. This includes long-term medical care, loss of earnings, the need for ongoing rehabilitation services, adaptations to living accommodations, and support for mental health issues and psychological damage. A solicitor specialising in brain injury claims brings a necessary depth of understanding to navigate these complexities effectively.

At Osborne Morris & Morgan Solicitors we are well-versed in the nuances of medical evidence crucial to substantiating the claim. We work closely with medical professionals to assess the full extent of the injury and its implications on the individual’s life. This collaboration is critical in establishing the necessity for ongoing and future needs, which forms the basis for calculating the compensation required.

Moreover, our solicitors have extensive experience dealing with insurance companies and are adept at negotiating settlements that accurately reflect the lifetime costs and losses associated with severe brain injuries. They ensure that all aspects of the claim are meticulously documented and rigorously argued, providing a comprehensive case that supports the victim’s needs.

In essence, the complexity of brain injury compensation underscores the importance of specialist legal representation. Contact us for free no obligation advice and find out just how we can help over the course of making a claim.