Head and Brain Injury Claims

Types of head and brain injury claims

Head and brain injuries are sadly more common than most people would think. According to Headway, there has been a 12% increase in the number of people admitted to hospital with a head injury since 2005.

And these injuries can be sustained in a number of different ways. Our personal injury solicitors have handled head injury claims involving:

• Accidents at work
• Brain injuries at birth
• Road traffic collisions
• Slips and falls

But this isn’t an exhaustive list. If you or a loved one has suffered a head or brain injury and it was someone else’s fault, you could be entitled to make a claim for compensation.

Why should I make a head or brain injury claim?

If your head or brain injury was caused by the negligence of another person, it’s only right that you pursue compensation and support.

We understand that your first priority will be getting treatment. But after taking care of your health, you could consider making a claim. This can help to put the foundations in place for how you, or your loved one, will manage everyday needs in the future.

These sorts of injuries can be debilitating in the worst cases. Our brain injury solicitors have overseen cases where the person impacted has suffered from:

• Changes in personality
• Difficulty balancing
• Permanent disability, including cognitive and memory problems
• Problems with vision
• Severe headaches

And although making a claim won’t undo the suffering you’ve endured, it could help to bring you a sense of justice and closure – as well as providing additional financial security.

If you’re not sure whether you have a claim, our advisors can help. They’ll ask you a few questions about your situation and let you know if you’re likely to have a strong case for compensation.

How can First4Lawyers help?

If we can take on your case, we’ll put you in touch with an expert personal injury solicitor who will work on your behalf to secure you the best possible outcome for your claim.

Your solicitor will gather the evidence needed to support your case and will be on hand to answer any questions you may have. So you won’t have to worry about going through the claims process alone.

For these types of claims, we work on a No Win No Fee basis. This means there won’t be anything to pay upfront and there will be no cost to you if your claim is unsuccessful.

Head and brain injury claim FAQs

Can I make a head or brain injury claim for someone else?

It may not always be possible for someone who has suffered a brain injury to bring a claim for themselves. But there are laws in place that allow for another person to take on this responsibility.

If your loved one has lost mental capacity and is unable to take legal action, you could make a claim on their behalf as a ‘litigation friend’.

As a litigation friend, you will make decisions related to the case that are in the best interests of the person affected. This same rule applies if you’re claiming on behalf of a child.

Sadly, not everyone will survive a head or brain injury. In these instances, family members may be able to make a claim for compensation under the Fatal Accidents Act 1976.

How long do I have to claim compensation?

Usually for these types of claims, you will have three years to take legal action. This could be three years from when you suffered your brain injury, or from when you first became aware of it.

If you’re making a claim on behalf of someone who has passed away, you’ll generally have three years from the date of their death to start the claims process.

But there are some exceptions to these time limits. For example, if you’re claiming for a child or someone who is lacking mental capacity, you will be able to make a claim at any time.

We would always recommend seeking legal advice as soon as you’re able to, though. This can make it easier for your solicitor to gather relevant evidence and ultimately strengthen your case.

How much compensation will I get for a head or brain injury claim?

If your claim is successful, the amount of compensation you receive will depend on the severity of your injury and the impact it has had on your life.

Most brain and head injury compensation payouts are split into what’s known as general and special damages.

General damages will consider the pain and suffering caused by your injury. This can sometimes be difficult to demonstrate, so your solicitor may instruct an independent medical expert. They’ll provide an outline of how your injury is likely to affect you and this will be used as medical evidence.

Special damages are different as they take into account the financial losses associated with your head injury. This could cover anything from lost earnings if you’ve had to take time off work, to the cost of travel to and from medical appointments.

For a rough estimate of how much your claim could be worth, try our free compensation calculator.

I think I have a claim – what should I do next?

If you’ve acquired any type of head or brain injury, the most important thing to do is speak to a medical professional.

After this – and if your injury was caused by someone else – you could consider making a head or brain injury compensation claim. Our knowledgeable claims team will speak to you about what happened and help you to work out your options.

We understand that you may need to think over your decision before starting a claim. And we’ll never pressure you either way. Instead, we’ll give you the information you need so that you can make the choice that’s right for you.

To get in touch with us, you can call the number at the top of the screen or request a callback at a more convenient time. We also have a quick and easy claims form if you’d prefer to reach us online.

We’re here to help whenever you’re ready.