Brain Injury Claims
If you or a loved one have suffered a brain injury in an accident that wasn’t your fault, you are entitled to make a claim for compensation for your injuries. We understand the impact and unique challenges that a serious brain injury can present you with and our expert brain injury 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 our client in leading a fulfilling and healthy life.
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.
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
We represent a diverse array of people who have sustained brain injuries, each with its unique complexities and challenges. Whether it's 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 you are claiming on behalf of. Our specialist brain injury solicitors' experience is broad and we are committed to helping you navigate this critical phase of your life.
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
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:
- Initial consultation: when you first contact us, we'll discuss the details of your case, 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 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. 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, here is a general outline of the types of evidence that can help to prove your claim:
- 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 contex on the cause of the accident and how your injuries impact your day-to-day lifge.
- 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.
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.
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 on 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 don’t experience the full extent of the difficulties arising from their injuries until many years after the incident. Whileit 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 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 any other needs can be funded, even before the case has settled.
Is There a Time Limit for Making Brain Injury Claims?
Generally, the time limit for making a brain injury claim is three years from the date of the accident, or when the injury was first diagnosed or became known. However, there are some exceptions to this rule:
- Children: if the brain injury occurred to a child (under 18), the three-year time limit doesn't start until their 18th birthday. A parent or guardian can make a claim on behalf of the child before they turn 18, or the child can make the claim themselves once they reach 18, but they must do so before turning 21.
- Mental capacity: if the person with the brain injury lacks the mental capacity to make a claim, there may be no time limit at all.
- Criminal injuries: if the brain injury resulted from a criminal act, you may need to make the claim through the Criminal Injuries Compensation Authority (CICA), and different time limits may apply. We have experience in dealing with CICA claims and can help you to do this.
You should seek legal advice as soon as possible after suffering a brain injury. Our expert team can assess your specific situation and ensure that your claim is initiated within the appropriate time frame, maximising the chances of a successful resolution. If you have any concerns about the time limits for your claim, don't hesitate to contact us for a free initial consultation.
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. 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. We stand ready to represent your interests and help you to gain the maximum amount of compensation without sacrificing efficiency.