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Brain Injury Claims – Everything you need to know

As part of Action for Brain Injury Week, Tim Jones takes us through everything you need to know about brain injury compensation claims.

A brain injury can have a profound impact on a person’s life, affecting their ability to work, communicate, and perform everyday activities. Whether the injury was caused by an accident, medical negligence, or another form of trauma, the consequences can be devastating.

For those who have suffered a brain injury, pursuing a legal claim may be necessary to receive the compensation they deserve which will allow them to secure their future, as well as access to expert rehabilitation services to strengthen their overall recovery.

Our member firms at Major Trauma Group are highly experienced and knowledgeable on the complex nature of brain injuries and can effectively assist clients through the brain injury claims process with the aim of obtaining a fair settlement for their injuries. Please get in touch with us today to find out more regarding our brain injury lawyers and personal injury claims.

Types of brain injury

Brain injuries are commonly referred to as traumatic brain injuries (TBI) or acquired brain injuries (ABI). 

A brain injury typically occurs during an accident or traumatic event, often as a result of a sudden impact or blow to the head. They can also be acquired at birth, such as cerebral palsy, or as the result of a medical condition or medical negligence. 

TBIs are further classed as mild, moderate, or severe, depending on the duration the person fell unconscious whether any post-traumatic amnesia is suffered. 

Some of the most common types of TBI include:

  • Concussion: This is the most common type of TBI and occurs when the brain is shaken inside the skull, causing temporary dysfunction. Symptoms can include headache, dizziness, confusion, memory loss, and sensitivity to light and noise.
  • Contusion: This type of TBI occurs when there is bruising on the brain due to an impact or blow. Depending on the location of the contusion, it can cause a range of symptoms, from mild headache and dizziness to more severe symptoms like seizures or paralysis.
  • Diffuse axonal injury: This occurs when the brain is rapidly rotated or shaken, causing damage to the axons that connect brain cells. This can result in long-term cognitive and motor deficits, as well as coma or even death.
  • Penetration injury: This occurs when an object penetrates the skull and damages the brain. It can cause severe and often permanent damage, depending on the location and severity of the injury.

Many brain and head injuries may result in little more than a short-term headache, whilst in others the impact can be life changing. 

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Brain injury claims: Common causes of brain injuries

Head and brain injuries can result from a wide range of accidents. Falls are one of the leading causes of brain injuries, particularly among young children and older adults. Other common causes include road traffic collisions, sports injuries, assault, accidents at work, medical negligence and falls from height.

In addition, it’s important to note that not all brain injuries result from one traumatic event – some brain injuries may not be immediately apparent and can develop over time, such as in the case of repeated head impacts in sports.

Regardless of the cause, it’s crucial to seek medical attention promptly if a brain injury is suspected. This can help ensure an accurate diagnosis and appropriate treatment, which can improve recovery outcomes and prevent long-term complications.

Brain injury claims process

If you or a loved one has suffered a brain injury at the fault of someone else, you may be entitled to make a claim for compensation. Our panel of brain injury solicitors at Major Trauma Group are dedicated to providing a high standard of service and work tirelessly to secure the best possible outcome for our clients.

The first step of the claims process is to consult with one of our personal injury solicitors who are experienced with brain injury claims. They can help you understand your legal rights and advise you on the best course of action. They will then assist you in gathering the most appropriate and relevant evidence to support your claim. This can include medical records, witness statements, accident reports, and any similar type of documentation, all of which will strengthen your case.

Once all the evidence has been gathered, your solicitor can file a claim on your behalf, submitting a detailed account of the accident which caused the brain injury, the specifics of the injuries you have sustained, and the damages you are seeking. Both parties will then go on to negotiate a fair settlement for your injuries which can include both financial compensation and specialist support and rehabilitation treatment to oversee your recovery.

It’s important to remember that the process of making a brain injury compensation claim can be complex and time-consuming. Working with an experienced personal injury lawyer at Major Trauma Group can help ensure your rights are protected and you receive the compensation you deserve.

How long do you have to make a brain injury claim?

The time limit for making a brain injury claim is typically three years from the date of the injury. This is set out in the Limitation Act 1980.

However, there are exceptions to this rule. For example, if the injured person is a child, the three-year time limit starts from the date of their 18th birthday, meaning they have until their 21st birthday to make a claim. In addition, if the injured person lacks the mental capacity to make a claim, there is no time limit for making a claim.

It’s important to note that waiting too long to file a brain injury claim may result in the loss of your legal right to seek compensation. Due to this, it’s recommended that you seek legal advice from a personal injury lawyer as soon as possible after the injury occurs to ensure you meet all relevant deadlines.

How much compensation could you be entitled to?

The amount of compensation you could receive in a brain injury claim will depend on the specific circumstances of your case. There is no fixed amount of compensation for a brain injury claim, as each case is unique, and compensation will be tailored to the individual’s injuries and losses.

In general, compensation for a brain injury claim may include:

  • General damages: This is compensation for the pain, suffering, and loss of enjoyment of life caused by the injury.
  • Special damages: This is compensation for financial losses incurred as a result of the injury, such as loss of earnings, medical treatment expenses, and the cost of ongoing care and rehabilitation.

The amount of compensation awarded for general damages will depend on the severity of the injury and its impact on the injured person’s life. For example, a person with a minor brain injury may receive less than a person with a severe brain injury.

Compensation under special damages will depend on the specific financial losses incurred by the injured person as a result of the injury. This may include past and future medical expenses, loss of earnings (both present and future), and the cost of ongoing care and support, as well as any aids or home adjustments required.

Access to rehabilitation following a brain injury

At Major Trauma Group our lawyers are passionate about advocating for our client’s rehabilitation needs to further their chances of making a full recovery from their traumatic injury.

We believe that rehabilitation is a crucial part of the recovery process for individuals who have suffered a brain injury. The goal is to help the person regain as much function and independence as possible and to improve their quality of life.

The specific type and duration of rehabilitation will depend on the severity and type of brain injury, as well as the individual’s specific needs and goals. Rehabilitation may involve a team of healthcare professionals, including physicians, nurses, occupational therapists, physical therapists, speech therapists, and psychologists.

Brain injury victims need to receive rehabilitation as early as possible to maximise their chances of recovery.

How can Major Trauma Group assist?

Our member firms at Major Trauma Group can offer valuable assistance in your pursuit of a brain injury claim, ensuring that you receive the compensation you are entitled to. We understand that making a personal injury claim can be a challenging process, which is why we are dedicated to supporting you every step of the way.

We believe that individuals who have experienced a head or brain injury deserve access to high-quality post-discharge medical care and support, and we strive to provide this to our clients. Our connections with medical professionals enable us to offer private treatment options to aid in your recovery.

If you have any queries surrounding making a brain injury claim with Major Trauma Group then please do not hesitate to get in touch with us today.

Struggling after injury?
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Struggling after injury?
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Who are the serious injury solicitors of Major Trauma Group, and how can they help me?

Who are the serious injury solicitors of Major Trauma Group, and how can they help me?

Serious injury? Get in touch to see if you can make a compensation claim

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