Brain Injury Solicitors
If you or a loved one have sustained a brain injury in an accident that wasn’t your fault, you are entitled to make a claim for compensation for your injuries. The term 'brain injuries' can include acquired brain injuries caused by trauma, medical conditions such as brain aneurysms and strokes, or oxygen deprivation. We understand the impact and unique challenges that a serious brain injury can present you with and our expert solicitors are here to help you secure the legal recompense you deserve.
Our dedicated, partner-led team specialises in pursuing claims for brain injuries that have occurred as a result of another party’s negligence. With extensive legal expertise, we are equipped to handle these intricate cases with the utmost care and professionalism, ensuring that the final outcome supports you in leading a fulfilling and healthy life.
To make a brain injury claim, contact our solicitors on 0345 872 6666, or use our online enquiry form to send your details through and someone will be in touch with you soon.
On This Page
- What Our Clients Say
- How JMW Can Help
- Meet Our Team of Brain Injury Solicitors
- Can I Make a Brain Injury Claim?
- What Is the Process of Making a Brain Injury Claim?
- What Evidence Do I Need to Provide for a Brain Injury Claim?
- How Much Compensation Can I Claim for a Brain Injury?
- What You Can Claim for With a Brain Injury
- How Long Do Brain Injury Claims Take to Resolve?
- Why Choose JMW?
- FAQs About Brain Injury Claims
What Our Clients Say
How JMW Can Help
We are dedicated to providing expert guidance, representation and support to those who have endured severe and life-altering brain injuries due to someone else’s negligence or actions. Our commitment goes beyond securing the maximum compensation for our clients; we also strive to connect you with the rehabilitation and support services you need.
JMW supports individuals who have suffered a brain injury, emphasising the impact on their lives and families, and the support provided to help them rebuild their lives.
The consequences of a brain injury can be far-reaching and permanent, requiring specialised medical care and a personalised recovery strategy. Our approach ensures you have access to ongoing assistance that targets the specific challenges and requirements you are facing, and that you have the time to rest and recover while we work to collect the necessary evidence to successfully pursue a civil claim.
With a history of handling complex brain injury cases, our clients know they can rely on JMW’s expertise. We are relentless in our pursuit of the compensation you deserve, laying the foundation for your recovery.
Our comprehensive experience encompasses a wide range of incidents that may lead to brain injuries, such as:
- Road traffic accidents
- Motorcycle accidents
- Falls from height
- Workplace accidents
- Accidents in the home
- Assaults
JMW also handles cases involving head injuries, including those resulting from professional sports and other severe impacts.
We represent a diverse array of people who have sustained brain injuries, each with its unique complexities and challenges. Whether this be traumatic brain injuries or other neurological impairments, we are here to assist with your claim. Reach out to us today to discuss your specific needs, or those of someone on whose behalf you are claiming. Our specialist brain injury solicitors’ experience is broad, and we are committed to helping you navigate this critical phase of your life.
Read transcript
Caroline Fox, Partner, JMW: So my role at JMW is representing catastrophically injured people. I have a specialism in supporting people who have had brain injuries. I've been in legal practice for over 20 years now. Bringing a personal injury claim isn't about winning a pot of money. It's about the journey. It's about being introduced to the right people, the case managers, the private team who can help.
Rebecca Keeping, Case Manager: Everyone is an individual. Their road and journey is very different and being part of that journey is a privilege.
Sophie Benko-Jones, Case Manager: We come in to work with clients who've usually suffered catastrophic injuries and we come and do a holistic assessment of someone's needs and we implement our recommendations.
Rebecca: Rehabilitation can take the form of physical rehabilitations, cognitive rehabilitations, how you're able to make decisions, managing your impulses. It's very much about giving patients the strategies to manage those difficulties themselves.
Sophie: So implementing the right rehab at the right time is very important for brain injuries.
Rebecca: It's really important to bring a claim if there's some fault elsewhere. And that is so we can access financial support to put in place the extra professionals that are needed that are not available in community as part of a statutory provision.
Caroline: Nobody wants to be injured and that must be acknowledged. However, the reason why I love doing what I do is I secure the funds that make a real difference to people's day-to-day lives. I want my clients to thrive. I want them to reach their full potential and have a quality of life that they're proud of. And it's my job to go and get it.
Meet Our Team of Brain Injury Solicitors
JMW's brain injury solicitors are specialists in handling complex brain injury claims. We provide expert legal support and can secure substantial compensation that covers lifelong care, rehabilitation, and financial needs.
Can I Make a Brain Injury Claim?
To be eligible to make a personal injury claim, you must be able to prove the following:
- Your injury happened
- It has had a provable impact on your life
- It was the fault of another person or organisation
JMW can assist with head injury claims, providing legal representation and pursuing compensation for individuals who have suffered head or brain injuries due to various circumstances.
Every personal injury case is unique. For a detailed assessment tailored to your individual circumstances, contact JMW as soon as possible, and our expert brain injury lawyers will provide a free initial consultation to discuss your situation and advise you on the best course of action.
What Is the Process of Making a Brain Injury Claim?
The process of making a brain injury compensation claim involves several key steps, and the team at JMW is here to guide you through each one. The brain injury claims process includes proving negligence, obtaining expert medical assessments, negotiating compensation, and potentially appearing in court:
- Initial consultation: when you first contact us, a personal injury solicitor from JMW will discuss the details of your case, provide expert legal advice, assess the validity of your claim and explain the process ahead.
- Gathering evidence: if you decide to proceed with your claim, we’ll work with you to gather all necessary evidence, including medical records, witness statements, financial records and any other relevant documentation that supports your claim.
- Assessment: the experts that we instruct are among the best in the country. They will advise us on the cause and extent of your injury, and provide recommendations about rehabilitation and support. If you require care, aids, equipment and adaptations to your home or transport, then experts will be asked to report on all of your needs. If your focus is to return to work as soon as possible, then an expert will be instructed to advise.
- Submitting the claim: once we have established the circumstances of the incident and who the defendant will be, we’ll formally submit the claim to the responsible party or their insurance company. They will have a set period of time to respond, either accepting liability or contesting the claim.
- Negotiation: if liability is accepted, we’ll enter into negotiations with the other party to agree on the compensation amount. If an agreement can’t be reached, the case may proceed to court.
- Court proceedings: in most cases, personal injury claims are resolved in negotiation and court proceedings aren’t necessary. However, if the other party disputes your claim, or refuses to provide interim payments to fund your rehabilitation and support, we’ll prepare your case for court, where a judge will hear the evidence and make a decision on liability and compensation. JMW will take you through this process and present your case to the court in order to pursue a positive outcome.
- Receiving compensation: once the compensation amount is agreed upon or awarded by the court, the funds will be transferred to you. If you lack mental capacity to manage your money independently, then you will be introduced to a number of expert solicitors who can assist you with this. JMW will assist in ensuring that the compensation is structured in the best way to support your ongoing needs.
- Rehabilitation and support: throughout the process and beyond, JMW will help connect you with rehabilitation and support services tailored to your specific needs, ensuring that you have access to the care required for your recovery.
It’s important to note that the process can be complex and time-consuming, particularly for cases involving serious brain injuries. Having a specialist legal team like JMW by your side can make the process smoother and increase the likelihood of a successful outcome.
What Evidence Do I Need to Provide for a Brain Injury Claim?
Gathering comprehensive evidence is an essential part of the claims process. Though the specific requirements can vary depending on the circumstances of your injury, the following general outline of the types of evidence that can help to prove your claim can be useful:
- Medical records: these are vital to demonstrate the nature and extent of the brain injury. This may include hospital records, GP notes, scans, treatment plans and assessments by medical specialists.
- Accident reports: if the injury occurred in a traffic accident or at work, official accident reports or police reports can be essential. This may be in the form of a police report or an entry in a work logbook.
- Witness statements: statements from anyone who witnessed the incident can provide valuable context on the cause of the accident and how your injuries impact your day-to-day life.
- Photo or video evidence: photographs or videos of the accident scene, your injuries or any hazards that contributed to the injury can be compelling visual evidence.
- Financial documentation: records of financial losses related to the injury, such as loss of earnings, medical expenses, travel costs to medical appointments and any other out-of-pocket expenses.
- Rehabilitation and care needs: assessments from occupational therapists, physiotherapists or care professionals outlining current and future care and rehabilitation needs.
We understand that compiling evidence is likely not going to be your first thought when dealing with the aftermath of a traumatic brain injury. Our team can handle the bulk of the legal responsibility for you, guiding you through the process of gathering the necessary evidence, allowing you to focus on your recovery.
How Much Compensation Can I Claim for a Brain Injury?
Determining the exact amount of compensation for a brain injury claim can be complex, as it depends on various factors unique to each case. Personal injury compensation is typically split into two categories:
- General damages cover the physical and psychological suffering you have sustained as part of your brain injury. The more severe and long-lasting the brain injury, the higher the potential compensation. This includes consideration of physical, cognitive and emotional symptoms.
- Special damages cover the financial aspects of your injury. This may cover both past and future medical costs, including therapy, rehabilitation, medication, and any necessary medical equipment or modifications to your home. If the brain injury has affected your ability to work, either temporarily or permanently, compensation may include loss of past and future earnings. If you require ongoing care or support, either from professionals or family members, this can also be factored into the compensation.
JMW has helped many clients claim compensation for brain injuries caused by the negligence of others.
Given the complexity of brain injuries, we can’t offer you an accurate estimate of how much you might be able to claim here. To find out more, contact us today and we will assess your situation in a no-obligation consultation. Our experienced solicitors will carefully evaluate all aspects of your case, working with medical and financial experts as needed, to ensure that the compensation amount you would make a claim for accurately reflects the full impact of the injury on your life.
Read transcript
JMW Solicitors Guide to Head and Brain Trauma with Gordon Cartwright, Partner, Personal Injury
Video 5: What can you claim for after a head or brain injury?
Hello, I'm Gordon Cartwright, a partner in JMW's personal injury team specialising in head and brain injuries. This video will discuss what a client, known as the claimant, can claim for in the case of a head or brain injury.
My main role as your solicitor will be to secure the maximum compensation for you after an accident that wasn't your fault. Unfortunately, it is usually the case that head and brain injuries are very serious. When someone makes a claim for a head or brain injury, they are likely to receive a significant amount of compensation if their claim is successful, perhaps even running into the millions depending on the severity of any residual symptoms.
The claim amount, known as damages, is usually made up of two broad categories: general damages and special damages.
General damages are designed to compensate the claimant for non-monetary aspects of the specific harm suffered during the accident. These are usually the actual physical injuries a client has sustained during the course of the accident, the discomfort and pain they have caused, and the embarrassment or upset (which is known in the legal world as loss of immunity) the client has experienced as a direct result of the accident.
Special damages are designed to compensate the claimant for monetary losses they have suffered. Private medical expenses will generally be classed under this category of damages, but they can also include loss of earnings, replacement items damaged in the accident, and additional domestic care incurred by the client, such as a family member spending additional time helping the client with domestic activity or transportation requirements.
We must be able to clearly prove these financial losses. So, if for example you're self-employed and your injury has prevented you from working, we need access to enough evidence to demonstrate to the defendant's insurers how much you earn, and make an estimate about how much you may lose as a result of your injury. Once we've calculated the sum total of general and special damages that you are claiming for, we are then in a position to discuss a settlement figure with the defendants.
It is important to understand that defendant insurers and solicitors seek to pay the least amount of compensation possible and will therefore be likely to dispute any figures they are presented with. Having an experienced solicitor on hand to help you with your claim will ensure that you can maximise your claim and get what you deserve.
Remember, no two cases are the same. That means that no two sets of damages are the same, and no two compensation amounts the same. It is impossible to predict what sum of compensation you may receive at the start of a case. We can only sensibly give a ballpark idea of what your case may be worth as it progresses.
As ever, if you have any queries about head or brain injuries and the surrounding legal process, then please don't hesitate to get in contact with us either through the website or on 0800 054 6078 where my colleagues and I will do our best to answer them.
Thanks for watching.
Thanks for watching. To chat to us now, please call 0800 054 6078. For more information about our services, log on to www.jmw.co.uk
How Long Do Brain Injury Claims Take to Resolve?
The time required to resolve a brain injury claim can vary widely based on the complexity of your case and whether the other party disputes their liability. More severe and complex injuries may require extensive medical assessments and expert opinions, which can prolong the process. The time needed to collect all the necessary evidence can vary.
It is important that the experts helping us with your case can properly predict how long you could be experiencing brain injury symptoms, as this will have an effect on the value of your claim. Some experts may tell us that they need to wait to see how you heal before they can provide us with this advice. This is especially important in cases involving children who are injured, as they often will not experience the full extent of the difficulties arising from their injuries until many years after the incident. While it is important to begin the process as soon as possible, we do not recommend settling a case without knowing what the true extent of the injures are.
The negotiation phase with the other party or their insurance company can also be time-consuming, especially if there are disagreements over the compensation amount. If a settlement cannot be reached and the case goes to court, the timeline can extend significantly, as court dates must be scheduled and legal preparations made.
A straightforward brain injury claim might be resolved in a year, while more complex cases, especially those that go to court, could take much longer. We understand that the uncertainty of the process can be stressful. We will keep you informed and supported throughout the entire process, while we work to resolve your claim as efficiently as possible.
Throughout the progression of the case, JMW's solicitors will seek interim payments from the responsible party's insurers so that any lost earnings, rehabilitation, care and other immediate needs can be funded, even before the case has settled.
Why Choose JMW?
Given the potential life-altering nature of brain injuries and the significant financial support that successful compensation can provide, you should seek help from legal professionals you can trust. JMW is an award-winning law firm with decades of experience in helping our clients to make personal injury claims. Our team includes distinguished professionals who have received recognition for their exceptional legal care in the field of brain injury claims.
JMW’s reputation as a top UK law firm has been solidified through recognition from the Legal 500 and consistent adherence to the Solicitors Regulation Authority’s (SRA) regulations. Our team includes accredited personal injury solicitors who have successfully handled numerous brain injury cases. You can read more about our accreditations here.
When you claim with us, we’ll guide you through the entire process, taking the bulk of the legal responsibility from your shoulders and ensuring that you experience minimal stress from doing so.
Read transcript
JMW Solicitors Guide to Head and Brain Trauma with Gordon Cartwright, Partner, Personal Injury
Video 3: Why it is important to involve a solicitor
Hello, I'm Gordon Cartwright, a partner in JMW's personal injury team specialising in head and brain injuries. This video will discuss why in the case of a head or brain injury, it is important to get a solicitor involved as soon as possible, and how that solicitor can immediately benefit the injured party.
In the days following an accident, a solicitor can ensure that the means to seek the best possible treatment for the client is available from the outset.
I'm always happy to come and meet a new client and the family in hospital or at their home address regardless of where this might be in the country to help get the whole process moving. This also takes some of the strain away from clients and their families, allowing them time to adjust to what has happened and the effect it may have on their lives.
I believe it is the role of a solicitor to remain as sensitive as possible during this period and help protect their client and loved ones from additional stress.
Once I have met up with the client, I can make contact with a defendant and their insurers in order to agree on interim funding for an immediate needs assessment.
This interim funding is a sum of money that the defendant will pay which will be deducted from the final amount of compensation. Defendants usually agree to the release of this funding in the case of a head or brain injury, as they understand the complexity of such cases and appreciate the claim, and my client will require an immediate assessment to find out precisely what their needs are after the accident, and what it will cost to meet those needs. These needs can be anything from paying for medical bills to paying the mortgage if the client's unable to work.
The quicker we start the process, the quicker these payments can be secured. This is particularly important, as the compensation process can be lengthy. For example, a defendant is entitled to take up to 3 months just to investigate liability for the accident. By starting your claim quickly, we can get in contact with a defendant quickly and get to work on ensuring you are financially secure.
With head and brain injuries, the majority of recovery takes place during the first 6 months to two years after the accident. It's therefore vital to get the best possible treatment at the earliest opportunity so that the claimant has the best chances of making a strong recovery.
As a solicitor, I will work very hard to ensure my clients get the best possible treatment for their injuries. NHS treatment for head and brain injuries may not always be available in the time frame my client needs it by in order to best benefit from it - particularly when it comes to being seen by specialists, who are few in number and whose time is limited. In these instances, it is often best for a client to seek private medical treatment. And as your solicitor, I can make sure the private treatment is funded by the defendant's insurers. A case for this can be made as long as I'm able to present evidence of my client's needs to the other side. And this is helped by the results of an immediate needs assessment.
Once my client's on the road to recovery and I'm confident they are receiving the best possible medical treatment, we can then continue to work towards settling the case. Remember, a final settlement figure may not be agreed for a long period of time after the accident. We will discuss the reasons behind this and the claims process in our forthcoming videos.
As ever, if you have any queries about head or brain injuries and the surrounding legal process, then please don't hesitate to get in contact through the website or on 0800 054 6078, where myself or one of my colleagues will do our best to answer any queries you may have.
Thank you for watching.
Thanks for watching. To chat to us now, please call 0800 054 6078. For more information about our services, log on to www.jmw.co.uk
FAQs About Brain Injury Claims
- What are the effects of a head injury?
The effects of a brain injury vary depending on its cause and severity. Fundamentally, no two brain injuries are the same, and each injury will have a unique impact on the individual affected. If you’ve sustained a brain injury, the impact it has on your life depends on which part of the brain has been damaged. Some of the most common effects of a brain injury include:
- Cognitive function: problems with cognitive functions, such as memory loss and a reduced ability to solve problems, multitask, or plan, can affect an individual’s ability to function independently.
- Motor function: reduced mobility due to a decline in physical abilities can result in an individual becoming reliant on others for everyday activities.
- Emotional function: brain damage can lead to behavioural changes, including mood swings, depression, apathy, and a lack of personal awareness.
For more information on the effect of a brain injury, visit the Headway website.
- Are there any time limits of making a brain injury claim?
An individual has a maximum of three years, under English and Welsh law, to make a claim for a brain injury caused by an accident. In certain circumstances, such as being injured in an industrial accident, you may be able to claim after this period.
- Can I make a claim on someone's behalf?
If a friend or family member is too seriously injured to make a brain injury claim, you can act as a 'litigation friend' and pursue a head injury claim on their behalf. A litigation friend is responsible for making decision in respect of the injured party's claim.
Are You Unhappy with How a Solicitor Has Handled Your Claim? Switch to JMW Solicitors Today
If you are dissatisfied with the legal advice or the lack of communication from your current solicitor regarding your claim, we are here to assist you. At JMW, we pride ourselves on providing the high-quality service you deserve.
We have successfully assisted numerous clients who previously received inadequate advice and poor service from other solicitors. Those who have switched to JMW commend our personable approach and our commitment to regular communication.
Our team is ready to discuss your case and explore the available options with you. We can advise you on the next steps and manage any necessary arrangements with your current solicitor.
Talk to Us
To learn more about making brain injury compensation claims, speak to our expert brain injury solicitors today. Call us on 0345 872 6666, or fill out an online contact form to arrange a time for us to call you back at your convenience.
