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Brain Injuries: Why you should consult a solicitor
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.
Gordon: 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 their 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 the defendant and their insurers in order to agree on interim funding for the immediate needs assessment.
Gordon: This interim funding is a sum of money 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 claimant, my client, will require an immediate assessment to find out exactly 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 is 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 three months just to investigate liability for the accident. By starting your claim quickly, we can get in contact with the 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 six months to two years after the accident. It is 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, and head and brain injuries may not always be available in the timeframe my client needs it by to best benefit from it, particularly when it comes to being seen by a specialist, 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 that 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. This is helped by the results of an immediate needs assessment. Once my client is on the road to recovery and I am 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.