Brain and head injury compensation claims

Start by seeking advice from one of our specialist brain and head injury solicitors. The initial consultation is free and will help you understand whether your claim is likely to have a positive outcome for you. In reality, not every claim is worth pursuing – some cases are simply too complicated or expensive and have a poor chance of success.

During your consultation, we learn about your case and outline our plan to achieve the best possible outcome for you, your rehabilitation, your recovery and your legal case. There is no obligation to go any further after this initial meeting.

It’s important to consider how you’re going to pay your legal expenses especially as the cost of pursuing an injury claim can be high. However, there are funding options available that could help reduce the expense, such as an existing insurance policy covering claims of this nature, a Conditional Fee Agreement (often called ‘no win no fee’) or legal aid.

Before you embark on your claim, we will talk you through:

• The potential cost of pursuing your injury claim
• What percentage of these costs you might get back
• What funding options are available to you.

Every case is different – the level of compensation you receive will depend on the seriousness and duration of your injuries, plus the effect they have on your everyday life and future.

As a result of the long periods of rehabilitation and recovery from brain injury it is often difficult to calculate the amount of compensation, to be claimed for, until sometime after the accident.

Where the injured person cannot work, there may be an immediate loss of income. At the same time, extra expense may be incurred, to cover travel, medical expenses, childcare etc. Where possible we will obtain an interim payment, which is an advance of compensation to meet financial needs. Often several such advance payments can be secured as the case progresses.

When the medical evidence is finalised, it is generally possible to identify the losses and expenses to include in the compensation claim. These will often include such things as:

• Partial or complete loss of earnings and pension
• The cost of future medical treatment, rehabilitation and therapy
• The cost of extra or adapted accommodation
• The provision of nursing and/or domestic care
• Transport and equipment
• An award for the brain injury itself

If you have suffered a serious brain or head injury, it is unlikely that you will be able to immediately return to work following your accident, which often creates financial problems. We can request an interim payment on your behalf from the Defendant’s insurer to ease financial pressures and allow you to concentrate on your rehabilitation. We can also advise you about state benefits that you may be entitled to.

The length of your compensation claim could take will depend on many factors, such as the type of injury you have sustained and whether you are suffering financial problems as a result. Your solicitor will give you a better idea of the likely timescale for your settlement once they have investigated your claim. If necessary, they can seek to obtain interim payments to cover your immediate financial losses and ongoing expenses.

The success of your compensation claim can be dependent on your choice of solicitor. If you are worried about how your claim is being handled, we would advise that you first raise any concerns with your current solicitors.

Then, if your issues cannot be resolved and you would like to change solicitor we’d be happy to discuss your claim with you. If you transfer your injury claim to us, we can obtain your file from your current solicitor to help avoid any further delays in your case.

All Clarke Willmott’s brain and head injury lawyers are specialists in their field. Our partner led service ensures you will always receive the best possible advice. We also ensure there is always someone on hand to update and advise you on your case.