Brain injury claims

Frequently asked questions

• Why I should make a brain injury claim?

  If you are coming to terms with a life-changing brain injury it is very difficult to find the time or energy to do anything other than cope and adjust. But you may still want to know why this has happened and who is responsible. If you make a claim you can press for answers to these questions and also seek compensation. The financial award you receive will help you pay for expert therapies and care to help speed up the recovery process and reduce the long term impact of the injury. It can also help family or loved ones adjust to your physical or emotional differences and come to terms with any long-term care requirements that might be required. For more information on how much compensation you could receive see FAQ below.

• Can I claim on behalf of someone else?

  Yes you can. If you are the parent or legal guardian of a person under the age of 18, you can claim on their behalf. 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 start a claim for brain injury compensation?

  For an initial chat about your options, get in touch today – call 0808 278 0254

  Don’t worry – this initial discussion 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.

• How long do I have to claim for brain injury compensation?

  If you’re thinking about starting a claim for brain injury compensation, there is a time limit for bringing a claim. This 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.

  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 could I receive?

  When it comes to 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 an award of £14.6 million 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.