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What you can claim for in the case of a head or brain injury
This video will discuss what a client, known as the claimant, can claim for in the case of a head or brain injury.
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.
Gordon: 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.
Gordon: 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 actual physical injuries that the 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 amenity 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.
Gordon: 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 have calculated the sum-total of general and special damages 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 with your claim will ensure that you can maximise your claim and get what you deserve.
Gordon: Remember, no two cases are the same, that means that no two sets of damages are the same and no two compensation amounts are 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 ball park 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.