Brain injuries, even minor ones, have the potential to change your life forever. They can cause a huge range of complications, from cognitive and behavioural problems to more severe physical disabilities such as coordination difficulties, speech impediments and in extreme cases lead to permanent severe disability.
Even a seemingly innocuous bump on the head following a slip, trip or fall can lead to difficulties that you and your family may have to deal with for the rest of your life. If you’ve suffered a brain injury as a result of an accident that was caused by someone else, you could be entitled to receive compensation.
What is a brain injury?
A brain injury refers to any damage to the brain that affects its function, which can be the result of trauma, a medical condition, or exposure to harmful environments. Not all brain injuries are immediately apparent following an incident. Some brain injuries may be missed initially as medical staff deal with other, more obvious injuries. These are known as ‘secondary injuries’, and delay in their recognition can lead to serious long-term consequences, as the true impact may only be clear days or weeks after the event.
However, not every brain injury results in permanent impairment. Many are temporary, yet still have a significant impact on daily life, requiring expensive, prolonged treatment and rehabilitation. They can affect anyone regardless of your age or health, and so even a completely healthy individual can all of a sudden be left with long-term injuries to deal with.
Thankfully, you don’t have to face this alone. At Injury Lawyers 4U, we are here to help accident victims get the assistance that they need, and the compensation that they deserve.
Common causes of brain injuries
Most brain injuries occur as a result of direct or indirect trauma to the head, and can happen from a variety of incidents. Here are a few common scenarios that can lead to brain injury claims:
- Road traffic accidents: Severe collisions sometimes result in traumatic brain injuries, which can cause both immediate and lasting effects.
- Gym or sports-related injuries: Claims might come from brain injuries that happen during a sporting event, particularly if safety measures were insufficient or equipment was substandard.
- Criminal assault: Victims of violent crimes may sustain brain injuries and could be eligible for compensation through the Criminal Injuries Compensation Authority.
- Medical negligence: Sometimes medical procedures go wrong, leading to brain injuries from surgical mistakes, anaesthetic errors, or birth injuries, leading to claims for personal injury.
- Workplace accidents: If a brain injury at work is caused by employer negligence, such as failing to provide proper safety gear or secure working conditions, a claim might be valid.
If you believe you or a loved one may have grounds for a brain injury claim, don’t hesitate to reach out to our experienced legal team at Injury Lawyers 4U. We’re here to help you understand your rights and guide you through the claims process.
The compensation you could receive for a brain injury
The compensation you may receive for a traumatic brain injury will depend on the severity of your injury and its impact on your life. Our compensation calculator gives an estimate of the general damages you could receive for a brain injury, based on Judicial College Guidelines. However, as a quick guide, here are the compensation ranges you can expect based on severity of brain injury:
Minor: £2,200 – £12,700
Less severe: £15,000 – £43,000
Moderate: £43,000 – £219,000
Moderately severe: £219,000 – £282,000
Very severe: £282,000 – £403,000
These figures represent only general damages, which compensate for the physical and psychological impacts of your injuries. However, you might also be eligible for special damages, covering any financial losses or future costs due to the injury. This can include:
- Loss of earnings and future earning potential.
- Medical and rehabilitation costs.
- Expenses for necessary home modifications and specialist medical equipment.
- Costs for ongoing care, potentially including compensation for a carer’s lost income if they are a family member.
For those suffering from severe brain injuries, the need for continuous, comprehensive care means that special damages are essential for long-term support and quality of life.
Our expert solicitors at Injury Lawyers 4U have years of experience in handling brain injury claims. If you or a loved one has suffered a brain injury, contact us to explore your legal rights and potential compensation.
Time limit to make a claim for a brain injury
In most cases, the time limit to begin a claim for a brain injury will be either three years from the date of the accident, or three years from the date a medical professional diagnoses the injury.
However, there are exceptions. For example, if the person suffering from the brain injury lacks mental capacity, this three-year period only starts if and when they regain capacity. For children who have sustained brain injuries, a parent or guardian can start a claim at any point before the child turns 21. In cases where the brain injury is the result of an assault, the claim must be made within two years.
Claiming on behalf of another person
If you’re a close relative of the injured person, or a parent, guardian or carer, you may be able to claim compensation on behalf of the person that has suffered a brain injury. This is what’s known as a ‘litigation friend’, and is a role that applies either in cases where the injured person is a child, or doesn’t have the mental capacity to claim for themselves.
In nearly all claims, the best course of action is to begin the process as soon as possible to avoid being constrained by any time limit. Not only this, but it is easier to gather evidence and reliable witness statements the more recent the accident is.
Making a claim for a brain injury
At Injury Lawyers 4U, we understand that a brain injury can have a profound impact on your life. With many years of experience in representing individuals recovering from serious injuries through little or no fault of their own, we’re prepared to help you through the challenge of securing compensation.
When you get in touch with us, our expert legal team will listen to your story and tell you then and there whether we think you have a valid claim. However, to help us serve you better, we’ll need some details about the accident. The clearer the information you provide, the more accurately we can evaluate your situation and advise on the best course of action. Here are a few key details we might ask you about:
- When, how and where the brain injury occurred.
- The severity of the injuries and their impact on your life.
- Who you think may be at fault.
- Any available evidence such as witness statements, photographs, video footage, CCTV, or official reports.
- Details of medical assessments and treatments you’ve undergone.
- The overall effect of the injury on your personal and family life.
An injury to your brain will obviously bring with it physical effects, as well as the pain and suffering following the initial accident. In addition to this, you could be forced to take time off work, which often has the knock-on effect of lowering your earning potential. You might also be required to pay expensive medical bills, as well as in some cases, having to pay for modifications to your home. This can all compound the stress arising from the accident itself.
If the injury occurred as a result of someone else’s negligence, you can make a claim for compensation. In such cases, Injury Lawyers 4U are here to help. We can’t reverse the damage and impact on your life, but by fighting for the compensation that you deserve, we can help to at least mitigate the effects that it can have on your life and the lives of those around you.
Why should you be made to suffer for an accident that wasn’t your fault? At Injury Lawyers 4U we’re ‘no win, no fee’ solicitors, so in general, in the event your claim is unsuccessful you needn’t pay us a penny. If you’ve suffered a brain injury as a result of an accident, just fill in this short contact form and we’ll get in touch with you.
