Brain injury compensation claims guide

Can I make a brain injury compensation claim?

Navigating the aftermath of a brain injury can be a daunting, emotionally taxing endeavour. Not only does it weigh heavily on the individual affected but also extends its challenging repercussions to their families and friends. Amidst managing recovery and adjustments to daily living, the concept of seeking compensation might emerge as a pivotal question: can I make a brain injury compensation claim?

To determine eligibility for a brain injury compensation claim, certain criteria generally need to be satisfied:

• There should be demonstrable evidence that the injury occurred due to someone else’s negligence or fault. This might involve a car accident, work accident, or any other incident where another party failed to exercise due caution
• There is typically a three-year limitation period for making a personal injury claim in the UK, which usually starts from the date of the accident or from the date you realised your injury was linked to the accident (also known as the ‘date of knowledge'). In some instances the three-year limitation period may not apply, for example if the brain injury has resulted in a lack of mental capacity to pursue the claim independently. A solicitor will be able to advise on whether or not the limitation period applies or not in individual cases.
• The claim should be substantiated with robust evidence, which might encompass medical reports, accident reports, witness statements, and any other relevant documentation that supports the negligence claim

What evidence is needed to support a brain injury compensation claim?

Navigating through the intricacies of a brain injury compensation claim necessitates a meticulous approach towards gathering persuasive evidence. Establishing a compelling case is paramount to substantiating the claim, thereby enhancing the likelihood of securing rightful compensation. In the UK legal landscape, several critical pieces of evidence are instrumental in constructing a robust brain injury claim.

Medical documentation

A comprehensive medical report that describes the extent, nature, and implications of the brain injury is pivotal. This should include diagnosis, treatment, prognosis, and the potential for long-term impact.

Documentation related to any rehabilitation, physiotherapy, or other therapeutic interventions undertaken should also be collected.

Accident reports

If the injury stemmed from an incident like a road traffic accident, obtaining a copy of the police report can be vital.

In scenarios such as workplace accidents, ensure that the incident has been officially reported and documented according to the workplace protocols, and obtain a copy.

Witness statements

Securing statements from individuals who witnessed the incident can provide corroborative evidence regarding the circumstances and aftermath of the occurrence.

Financial evidence

Document any lost income that has ensued due to the injury. This could involve payslips, tax returns, or other verifiable documents that establish a loss or reduction of income.

Retain all receipts and invoices pertaining to medical costs, such as prescription charges, treatment fees, and any other related expenditures.

Maintain a detailed log of other expenses incurred, such as travel costs to medical appointments, cost of care (even when provided by family members), and any adaptive technologies or modifications needed.

Photographic and video evidence

Photos or videos of the location where the injury occurred might highlight hazards or conditions that contributed to the incident.

Photographic evidence of the physical injuries sustained, where applicable, can also be supportive.

Expert testimonies

Engaging specialists who can provide detailed insights into the nature and impact of the brain injury, potentially acting as expert witnesses to substantiate your claim.

Insights into how the injury affects your ability to work and partake in day-to-day activities can be crucial in establishing the injury’s impact on your life.

Personal impact statement

Crafting a detailed account of how the brain injury has affected your daily life, relationships, and overall well-being to present a comprehensive view of its implications.

Offering insights into how the injury has altered your career trajectory, ability to work, and any potential lost opportunities.

In the quest to secure compensation, each piece of evidence functions as a puzzle piece, collectively forming a comprehensive picture that substantiates your claim. It’s imperative that the evidence is collated with meticulous attention to detail, ensuring each aspect of the claim is thoroughly supported.

Remember to consult closely with your solicitor throughout this process, ensuring the evidence is compiled in a manner that maximally bolsters your case. Legal professionals such as Stephensons can guide you through the nuanced process, ensuring all relevant evidence is assembled and presented effectively to uphold your claim.

Common causes of brain injuries

Brain injuries can manifest in various forms and arise from a plethora of incidents, with effects ranging from mild, short-term disruptions to profound, life-altering consequences. Understanding the most common causes of brain injuries aids in discerning their prevalence and devising preventative strategies.

Falls

• Slips and trips: slipping on wet surfaces, tripping over obstacles, or falling from height can lead to traumatic brain injuries
• Elderly falls: the elderly population is particularly susceptible to falls, which can result in significant brain injuries given their increased vulnerability.

Road traffic accidents

• Vehicle collisions: involvement in a vehicular accident, either as a driver, passenger, or pedestrian, can precipitate serious brain injuries due to the forceful impact
• Cyclist and motorcyclist accidents: cyclists and motorcyclists, despite helmets, are notably at risk due to the lack of structural protection during collisions.

Workplace accidents

• Construction site incidents: falls from scaffolding, being struck by falling objects, or mishaps with machinery are common in construction and manufacturing environments
• Industrial accidents: incidents involving heavy machinery, hazardous materials, or falls in industrial settings can lead to brain injuries.

Sports and recreational activities

• Contact sports: participants in sports like rugby, football, and boxing are at heightened risk of concussions and other brain injuries due to the physical nature of these activities
• Recreational accidents: activities such as horse riding, cycling, or skiing, where falls and collisions are common, pose risks of brain injuries.

Physical assaults

• Violent attacks: physical altercations, violent assaults, and other forms of interpersonal violence can lead to traumatic brain injuries

Substance abuse

• Overdoses: excessive consumption of drugs or alcohol can lead to hypoxia and resultant brain injury
• Long-term abuse: chronic substance abuse can lead to cerebral atrophy and other forms of brain damage.

To check if you have grounds for a brain injury compensation claim, contact us.

How much compensation can you get for a brain injury?

Brain injuries, by virtue of their complexity and the profound impact they can have on an individual’s life, can give rise to compensation claims that account for a myriad of factors. In the UK, compensation amounts can vary widely, influenced by the severity of the injury, the circumstances surrounding the incident, and the specific damages incurred by the individual.

Factors influencing compensation:

• The extent and permanence of the injury, and its impact on cognitive and physical capabilities
• Quantifiable financial losses, including medical expenses, rehabilitation costs, and adjustments needed for daily living
• Current and future lost income due to the injury’s impact on the individual’s capacity to work
• Compensation for physical pain, mental anguish, and reduced quality of life
• Costs associated with the need for ongoing care, which may be required for activities of daily living

Tentative compensation brackets:

It’s essential to note that exact figures can diverge significantly, but general brackets, informed by previous claims and the Judicial College Guidelines, can provide a broad picture.

• Minor head or brain injury - If recovery is made within a few weeks to several months, compensation might range between £2,000 and £11,000
• Moderate brain injury - For injuries resulting in significant ongoing problems but where a level of recovery or improvement is noted, the bracket might be between £14,000 and £205,000
• Severe brain injury - In cases where the injury leads to substantial cognitive deficits, behavioural changes, and impacts on personality and physical abilities, compensation can range from £205,000 to upwards of £379,000
• Extremely severe cases - In instances of profound impairment, where ongoing, comprehensive care is needed, compensation can potentially exceed £379,000, particularly when extensive special damages are factored.

Additional components:

• Substantial injuries may warrant additional compensation to account for future medical costs, loss of potential earnings, and ongoing care requirements
• In some cases, the defendant may be required to cover legal costs, though this can depend on the specific arrangement and whether the claim is successful

Legal guidance and claim management:

While these figures serve to provide a general insight, it is imperative to engage with a specialised solicitor who can offer tailored advice and manage the claim adeptly. An experienced solicitor such as Stephensons can evaluate all aspects of the case, ensuring that the compensation sought accurately reflects the multifaceted impact of the brain injury on the individual’s life and future.

What is the time limit for a brain injury compensation claim?

The pursuit of compensation for brain injuries is bound by specific time constraints, known as the limitation period, which are crucial to acknowledge in the orchestration of a legal claim. Navigating through these temporal parameters ensures that the claim adheres to statutory compliance and maximises the prospect of achieving successful restitution.

Standard limitation period

The conventional time limit to initiate a personal injury claim, including brain injuries, in the UK is typically three years. This period is usually counted from the date of the accident or the date when the injury was first cognisant (known as the ‘date of knowledge’).

Exceptions and variances

Children

For individuals who sustain a brain injury as a minor (under 18 years), the three-year limitation period commences from their 18th birthday, hence expiring on their 21st birthday.

Lacking mental capacity

If the injured party is deemed to lack the mental capacity to manage their affairs and legal matters, the three-year limitation may be postponed indefinitely, until (if ever) capacity is regained.

Criminal injuries compensation

If you’re claiming through the Criminal Injuries Compensation Authority (CICA) following a violent crime, a two-year time limit typically applies.

Injury abroad

If the brain injury occurred abroad, different time limits might apply, depending on the local regulations of the country where the incident took place.

Industrial diseases

In cases of industrial diseases or conditions like exposure to harmful substances that lead to brain injuries, the three-year period may commence from the date of knowledge of the injury and its connection to the employment.

Date of knowledge

The ‘date of knowledge’ is a pivotal concept, especially in cases where the injury or its severity is not immediately apparent. This term is applicable from the moment the injured party (or their legal representatives) is, or should reasonably have been, aware of the following:

• That the injury was significant
• That the injury was caused by an incident or exposure in question
• The identity of the defendant

How can Stephensons support your brain injury compensation claim?

Choosing the right solicitor to handle a brain injury claim is key in ensuring you achieve the best possible outcome, not just in terms of financial compensation but also in facilitating the most effective rehabilitation and support.

Stephensons has been widely recognised for its legal expertise and high standards of practice, notably securing the Personal Injury and Clinical Negligence Team of the Year award in 2022. As a top 150 law firm, we have a robust history of successfully managing brain injury claims, navigating through the multifaceted legal, medical, and personal elements that such cases invariably involve. Our experience and proven track record assure clients that their case is being managed by professionals who understand the nuances and are adept at securing favourable results.

With over 250 dedicated staff spread across numerous offices countrywide, Stephensons ensures that our expert advice and support are easily accessible wherever you are based. The convenience of having an office nearby means that in-person consultations and meetings can be arranged without the burden of extended travel, making the process as smooth and straightforward as possible for those dealing with the repercussions of brain injury.

Stephensons appreciates that every client, and every brain injury claim, is unique. We provide a compassionate and tailored service, taking the time to understand the individual circumstances, needs, and objectives of each client. Our approach goes beyond merely pursuing compensation; it extends to ensuring that all aspects, including rehabilitation, ongoing care, and support, are considered and addressed.

Contact us today on 0161 696 6235 for a free initial assessment of your claim.