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Brain Injury Claims - Personal Injury
Brain injury claims
Duncan Lewis Personal Injury Solicitors for Brain Injury Claims - No Win No Fee Brain Injury Claims
Duncan Lewis is a leading firm of personal injury and Legal Aid solicitors who can advise on making no win no fee brain injury claims.
Who can make Brain Injury Claims?
Brain injury claims can usually be made if the brain injury was caused by someone else’s negligence which resulted in an accident or adverse medical event, including:
- Assaults
- Balcony falls (poorly designed or maintained hotel balconies)
- Construction accidents (collapsing scaffolding, falls from height)
- Faulty goods (safety helmets or harnesses failing)
- Industrial and agricultural accidents (falling loads, livestock accidents)
- Medical negligence (birth injuries, surgical errors, prescribing errors, misdiagnosis)
- Military accidents (equipment failure, friendly fire, catastrophic injury)
- Road traffic accidents (reckless driving or DUI by other road users)
- School accidents (playground or sports accidents)
- Sports accidents (equipment failure, poor training or supervision).
What is brain Injury?
Brain injury commonly occurs as a result of accidents – or medical events such as stroke, heart attack, infections, birth injury, or medical negligence (including surgical errors, prescription errors or misdiagnosis).
Brain injury occurs when the brain becomes inflamed after a trauma to the head – or is starved of oxygen, as sometimes happens in the case of birth injuries, resulting in conditions like cerebral palsy.
Brain injury can range from mild concussion to a patient being left in a persistent vegetative state.
Blood clots and brain haemorrhages can make the condition of brain injury patients deteriorate very quickly.
This can result in catastrophic brain injury, when individuals may be left with life changing injuries, including:
- Blindness or poor eyesight
- Cognitive impairment
- Deafness or hearing impairment
- Moods swings or personality change
- Physical impairment or disability
- Paraplegia or tetraplegia
- Speech impairment.
Brain injury is a very complex area because it can take time for doctors to assess the extent to which a brain injury patient has been affected by their injury – and the outcome of brain injury can be very much down to the individual and how they respond physically, emotionally and psychologically to their brain injury.
Children and younger people often make a better recovery because their brains still have in abundance what doctors call brain plasticity or neuroplasticity – which allows the brain to learn new things and adapt to or recover from injury.
How long do I have to claim for Brain Injury?
Brain injury claims fall under the area of law known as personal injury.
Claims can sometimes be made outside the three-year limitation period, however – and minors have three years from the age of 18 to make a claim.
Because of the limitation period for personal injury claims, it is important to seek legal advice from Duncan Lewis personal injury solicitors as soon as possible in the case of brain injury claims.
Family members can call Duncan Lewis for advice on making a claim if a loved one has sustained brain injury.
How much compensation can I claim for Brain Injury?
Compensation for Brain Injury includes:
- General Damages for pain, suffering and loss of amenity
The exact amount will be assessed according to the extent of injury, estimated recovery time and rehabilitation needed – and whether further medical treatment or even lifelong care is needed. - Special Damages to cover medical fees and out-of-pocket expenses
Expenses might include physiotherapy, loss of earnings, travel expenses to hospital or damage to personal items. In more serious cases, ongoing care, loss of future salary and pension or adaptations to your home would be included.
Who will pay my Brain Injury compensation?
Brain injury claims are usually settled by the insurer of whoever is liable for the injury.
This could be the insurance company of an employer or a Local Education Authority – or a motorist who caused a road accident, as well as a hospital trust, doctor or dentist liable for a medical negligence claim.
In the case of brain injuries sustained on package holidays, the tour operator’s insurance company would pay the compensation.
In the case of brain injury resulting from an assault, claims can be made under the Criminal Injuries Compensation Scheme – or against a company or individual via the civil courts in the case of no win no fee brain injury claims.
Will I have to go to court to claim compensation?
Your Duncan Lewis personal injury solicitor will keep you fully informed at all stages of the case.
Many claims for brain injury compensation are settled out-of-court – Duncan Lewis personal injury lawyers negotiate hard to get the best settlement for you.
But if a court hearing is necessary, Duncan Lewis instructs leading barristers who specialise in brain injury claims, to make sure you have the best legal representation possible.
In the case of brain injury compensation for minors, any settlement has to be approved by the court in a special hearing called an Infant Settlement Hearing which will take place at your local County Court. The child and their “Litigation Friend” – the person who acts for them in the claim (usually a parent or guardian) – have to attend the hearing.
Your Duncan Lewis personal injury solicitor will be able to advise you further about Infant Settlement Hearings.
Why Duncan Lewis is the best solicitor for Brain Injury Claims
- Duncan Lewis personal injury solicitors understand just how traumatic brain injury can be – we believe in putting you and your family first to obtain the best results for you
- Duncan Lewis is one of the leading firms of Personal Injury and Legal Aid solicitors in the UK
- Our initial advice on making a claim for brain injury compensation is free
- Duncan Lewis accepts brain injury claims on a no win no fee basis, so you will not have to worry about legal fees
- We will visit you at home if you are recovering from brain injury or are caring for a loved one with brain injury – and can arrange expert medical opinions to help back up your claim
- Duncan Lewis personal injury solicitors will make sure you understand every stage of your brain injury claim
- We will handle negotiations for you, so you do not have to worry while you are recovering or caring for a love done with a brain injury.
Duncan Lewis personal injury solicitors have a successful track record in brain injury claims and will make sure you win the compensation you are entitled to for your injuries.
Contact Duncan Lewis for free advice on making a brain injury compensation claim by calling 020 7923 4020.