Brain injury claims

Brain injury claim FAQs

• What is a brain injury?

  The brain is the most important organ in our body. It contains billions of nerve cells that control all bodily functions; from speech and senses to movement, memory, how we think, feel, and breathe, even how we digest food. Anything that affects or restricts how the brain operates is a brain injury.

  There are many different types of brain injury. The extent of the brain injury and the impact of the injury will depend on several factors, including the cause of the injury and the part of the brain affected.

  Learn about James's story, a client of ours who suffered a brain injury at the time of his birth.

• What are the different types of head injury?

  There are 3 types of head injury:

  • Closed
    
    The most common head injury with no break of the skin or open wound visible.

  • Open/Penetrating
    
    The skull is opened, and the brain is exposed and damaged.

  • Crushing
    
    The base of the skull and nerves of the brain stem are damaged.

  Each type of head/brain injury can result in varying degrees of brain damage.

• What is considered a serious head or brain injury?

  A head/brain injury that resulted in a loss of consciousness for 6 hours or more, or post-traumatic amnesia for 24 hours+ would be classed as serious or severe as this would result in hospitalisation and rehabilitation. Any brain injury arising from oxygen deprivation, often as a result of the birth process, can lead to significant disability giving rise to lifelong needs.

• What are the different types of brain damage?

  In a lot of cases, there are no serious lasting effects and a full recovery will be made. For others, however, the impact can be far-reaching – depending on the severity of their injury:

  • Mild: You might lose consciousness for up to a few minutes, be disorientated or feel sick. It can be the result of something as simple as banging your head on a door.
  • Moderate: You are unconscious for up to six hours or suffer memory loss for up to 24 hours after the initial trauma, resulting in a short stay in hospital for observation.
  • Severe: you are unconscious for more than six hours or show signs of post-traumatic amnesia for a day or more, which needs lengthy treatment and rehabilitation.

  In the UK, the National Institute for Health and Care Excellence (NICE) states that ‘head injury is the commonest cause of death and disability in people aged 1–40 years. Every year, around 1.4 million people are seen in A&E in England and Wales suffering from a head injury. In 2019/2022 there were 348,453 admissions to Hospital with an acquired brain injury or one admission to hospital for a brain injury every 90 seconds, (Headway).

• Can I make a brain injury claim on behalf of someone else?

  Yes, you can make a brain injury claim on behalf of someone else if you are the parent or legal guardian of the injured person, and they are under the age of 18.

  You can also make a claim on behalf of someone who suffers a brain injury that leaves them unable to understand information sufficiently to make decisions for themselves. This is sometimes referred to as ‘lacks capacity’. A person can have capacity to make some decisions but lack capacity to make other decision. The Mental Capacity Act 2005 sets out rules for assessing whether someone has capacity at any given time to make decisions about specific things e.g. the capacity to make a claim.

  Unfortunately, there are times when brain injuries can be fatal. If a loved one passes away and it’s the fault of someone else, you may still be able to make a claim.

• How do I make a claim for brain injury compensation?

  We understand the emotional and financial toll a brain injury can have on you and your family, and we also appreciate that the prospect of getting involved in a legal proceeding can seem daunting. We’re here to help you work out if taking such action could bring at least some benefit or respite to you and your family in the months and years ahead.

  Your initial discussion with us won’t cost you a penny and there’s no obligation. During the discussion we will learn more about you and your injury – and using our many years’ experience - advise you on the best next steps. If you agree with our advice, we will start the claims process for you.

  To talk to us about making a claim:

  Call us on 03700 868687

  OR

  Message us using our enquiry form and we will get in touch.

  We will be with you throughout the legal process, visiting you in person to help you find out what has happened and to claim compensation for you and your family.

• Can I make a claim on a ‘no win, no fee’ basis?

  Yes, you can make a brain injury claim on a ‘no win, no fee’ basis. This type of arrangement, also known as a Conditional Fee Agreement (CFA), means that you will only need to pay legal fees if your claim is successful and in most cases the majority of the legal costs and paid by the other sideIf your claim is not successful, you won’t owe any legal fees, which removes the financial risk associated with making a claim.

  We will discuss the details of the ‘no win, no fee’ agreement with when we take your case so help you fully understand the terms and any potential costs involved.

• How much time do I have to make a brain injury claim?

  The time you have to make a brain injury claim is three years from the date of the accident/incident. If you were not immediately aware that you suffered an injury, the three-year time limit only starts running from the date you knew you had suffered an injury, or the date you could reasonably be expected to have known there was an issue based on the circumstances.

  For young people, the three-year limit does apply – but only from their 18th birthday.  If the person no longer has capacity, the time limit does not run.

  In all cases, we recommend contacting our brain injury solicitors as soon as possible after an injury takes place. This gives us the best possible chance of investigating your claim – which requires gathering evidence including expert evidence and witness statements – and putting your best case forward before the time limit expires.

  Sometimes it is possible to make a claim after the time limit has expired, but this requires the discretion of the Court, and the legal arguments are complicated. Our legal advisers have some success in this area.

• How much compensation can you claim for a brain injury?

  When it comes to brain/head injury compensation, how much you receive will depend on the extent of the injury and what will be required to ensure you can enjoy the best possible quality of life.

  Our legal advisers have knowledge of the latest therapies and technology that help make living with brain injury easier. They have many years of experience dealing with different types of brain injury so understand what help you might need immediately and in the future. They will investigate your circumstances and calculate the sum you will need to support you for the rest of your life.

  We successfully obtained a significant award of compensation for James Robshaw, who suffered a hypoxic brain injury during birth and now lives with cerebral palsy. To read more about James’s story and other people we’ve worked with to get the compensation they’re entitled to read our client stories section above.