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A brain injury can occur at any stage of life and our solicitors have clients ranging from new-born babies who have suffered brain damage following birth, to the elderly people who have suffered brain damage as a result of a delay in diagnosis and treatment of a medical condition.
Our solicitors appreciate that brain injuries often cause life changing traumas for the whole family and a holistic service is provided throughout the claim and beyond. Call us on 01616 966 229 for free initial guidance on your options.
Our highly skilled and vastly experienced solicitors work hard to secure the most appropriate sum of compensation possible to compensate the pain and suffering caused by a surgical brain injury and also to pay for ongoing medical changes and any adaptations to a home or lifestyle that might be required following the accident.
Often brain injuries can have a lasting and life altering effect and our expert solicitors are dedicated to winning a sum of compensation which recognises this. From surgical brain injury, to undiagnosed brain conditions, brain injuries caused at birth and drug induced brain injuries, this diverse legal field is made up of complex legal proceedings, which concern the existing and prospective condition of the victim.
Both the victim and their families must be taken into account and in addition to providing a proven legal service, our medical negligence solicitors deliver sensitive and understanding support and advice as families adapt to their circumstances.
If you are unsure whether you have grounds for a brain injury claim, one call to a legal advisor at Stephensons is all it takes to find out. Our expert brain injury solicitors will obtain all the necessary evidence associated with your case and work closely with medical specialists to calculate the sum of compensation required for the injuries incurred and any ongoing treatment.
Stephensons is one of the largest firms of its kind in the UK and we have completed many successful brain injury claims up and down the country.
Call us today on 01616 966 229 if you believe that you or someone you know has grounds for a brain injury or surgical brain injury claim. An expert legal advisor can offer free initial guidance on your options and help you to decide the best course of action for your circumstances.
"The claimant suffered devastating brain injuries over 25 years ago. He was not even two years old. He has lived with the consequences of his injuries ever since. He has been cared for by his parents in difficult circumstances. He requires 24 hour “double up” care. He now has the benefit of a multi-million pound compensation package which will enable him to fund the professional care he needs, to live with his family in a suitable adapted property, to holiday and spend time with his family in the community and to enjoy the quality of life he so richly deserves. No amount of compensation will ever make up for his injuries, the loss of opportunity he has suffered or the ripple effect his injuries have had upon his parents and his wider family. What it will do, however, is ensure that he is well cared for, that all of his needs are met and he is able to live with his family for the rest of his life.
Credit for success in this case must go first to the claimant’s parents. They never gave up in their belief that something went wrong, that their son was let down and that he deserved compensation for his injuries. Second, it must go to Stephensons. They took over the case from a previous firm of solicitors who had obtained reports from a number of experts and had advised the family that there was no case. Few solicitors would have taken on such a difficult case in the face of a collection of negative expert reports. All of the hard work of Carla Duprey and her colleagues at Stephensons has finally enabled the claimant to access the compensation he has been waiting so long for."
Darryl Allen QC
There are a number of brain injuries, all with varying degrees of seriousness. Every injury affects an individual in a different way. A brain injury can have emotional, physical or cognitive consequences or a combination of some or all of these such as:
A serious brain injury is typically defined as a condition where the patient has been unconscious for six hours or more or has experienced post-traumatic amnesia for 24 hours or more. These patients usually require hospitalisation and subsequent rehabilitation.
Although the majority of the time, medical staff do a wonderful job and are often able to prevent a brain injury occurring, on occasions, the care they provide falls below a reasonable standard and a medical accident can occur. There are a number of situations when this can happen however some of the main ones are detailed below:
Depending on the severity and if a brain injury can be proved to have been caused by negligence, then the injured party may be entitled to make a claim for compensation. In cases where the injured party has suffered permanent damage and requires 24 hour care, a claim for compensation may be substantial.
The majority of clinical negligence cases are complicated and lengthy. In addition to obtaining an account from the injured party as to how they were injured, in every case, medical evidence needs to be obtained in order to establish that:
If both these elements can be proved, further medical evidence is then required in order to assess the injured party’s condition and prognosis for the future. This evidence will provide detail on the injured party’s needs and the treatment they will require as a result of the negligence. This evidence together with any information provided by the injured party can then be used to calculate the injured party’s compensation. This will include an award for the individual’s pain and suffering as well as expenses such as the costs of any care and/or treatment they require, adaptations to the house or vehicles etc. These expenses will take into account what may have already been paid and what will be incurred in the future. In addition, and if the injured party can no longer work, or will be unable to work to the same extent, the claim for compensation may also include a claim for loss of earnings including the loss of enjoyment that the individual may have gained from doing that particular job.
At Stephensons, our team of clinical negligence solicitors have extensive knowledge and experience in recovering compensation for victims of brain injuries caused by negligence. We will be able to provide you with all the advice you need about pursuing a claim for compensation and guide you through the process as efficiently as possible in order to achieve the best possible result for you.
It can often and unfortunately be the case that as a result of a brain injury, the individual is left so seriously hurt, that they no longer have the mental capacity to deal with their own affairs, which includes giving instructions to their solicitor. In these cases, (and if the injured party has not previously appointed an Attorney to deal with their affairs in the circumstances they lack mental capacity) what is known as a “litigation friend” will be appointed. This is usually a family member. If the injured party is successful in their claim, formal approval then needs to be sought from the Court of Protection (a court specifically set up to deal with the affairs of people who lack mental capacity) to ensure the award is fair from the perspective of the injured party.
At Stephensons, we will be able to provide you with all the advice you need about this and guide you through the process, should it be necessary to seek the approval of the Court of Protection.
Compensation for brain injuries varies with severity. Very severe cases receive higher settlements, while moderately severe injuries result in lower amounts. The exact compensation depends on the specific details of the injury and its impact on the individual's life.
Brain injury claims can take time to conclude due to the need for thorough investigation and multiple medical expert opinions. During this period, injured parties may require funds, especially if they are unable to work. Interim payments can sometimes be given to provide essential financial support for daily expenses and necessary treatments.
Seeking interim payments:
At Stephensons, we strive to secure upfront payments for our clients whenever possible. These payments are usually obtained when the party at fault admits responsibility for the injury. Interim funds help cover immediate needs and are later accounted for in the final compensation award.
Brain injury cases often take longer to settle than other personal injury claims. Typically, the process can last between 18 months and three years, due to the complexity and severity of the injuries involved.
Although it is more than three years since the time the brain damage occurred, a child under 18 can bring a claim at Court at any time until their 21st birthday. However, if the severity of the brain damage is such that the client is considered to be a patient under the mental health regulations then there may not be such a time limit. It is important, however, that you contact a specialist Solicitor as soon as you think that you may have a claim.
A childbirth brain injury compensation claim can provide financial stability to support your child throughout their life. The compensation amount varies based on factors such as the type and severity of the brain injury and the physical suffering experienced.
There are many clients who are unable to deal with their claims because they are under 18 years of age, due to their mental capacity or because they are out of the country for a while. We can appoint an adult to act as "litigation friend" and they can bring the claim on behalf of the client.
Yes, if it is a direct result of the medical negligence. We will employ a nursing expert to assess your child's needs now and in the future so we can ensure that there is adequate compensation to fund their care requirements.
Pursuing a medical negligence claim can be worthwhile, as many claims result in successful settlements. The likelihood of success depends on various factors, but a significant percentage of claims against the NHS are resolved in favour of the claimant.
Headway - provides information, support and services to survivors of head injury, their families and carers.
Child Brain Injury Trust - provides emotional and practical support to the families of children who have suffered a brain injury.
B.I.R.D. Brain Injury Rehabilitation & Development Charity - access to rehabilitation and development for adults and children who have suffered a brain injury.
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