Welcome to our guide looking at claiming with our expert traumatic brain injury lawyers. Have you or a loved one sustained a traumatic brain injury? Did this happen as a result of third-party negligence? If so, you may be able to claim. This guide will aim to cover some important aspects of making a claim for this kind of injury.
Our brains are the centre of our central nervous systems. They are arguably one of the most important organs in the body.
When your brain is damaged, it can have a severe impact on your quality of life. For example, you might experience paralysis. A brain injury could also affect your personality and cognitive ability.
If you’d like to know more about making a claim for this kind of injury, we can help. Our team of friendly and knowledgeable advisors are on hand to help you start your claim right now:
- Call us on 0800 073 8804
- Email or write to us at Legal Expert
- Use our ‘live support’ option bottom right for immediate help
How to claim with a traumatic brain injury lawyer guide
Select A Section
- A Guide To Claiming With A Traumatic Brain Injury Lawyer
- What Is A Traumatic Brain Injury?
- How Could A Traumatic Brain Injury Lawyer Help You?
- How Could You Suffer A Traumatic Brain Injury?
- The Prevalence Of Traumatic Brain Injuries
- Traumatic Brain Injury Symptoms
- Types Of Traumatic Brain Injury
- What Is The Prognosis For Victims Of Traumatic Brain Injuries?
- Compensation Payouts In Traumatic Brain Injury Claims
- No Win No Fee Claims With A Traumatic Brain Injury Lawyer
- Start Your Claim With A Traumatic Brain Injury Lawyer
- Essential References
- FAQs Traumatic Brain Injury Claims
A Guide To Claiming With A Traumatic Brain Injury Lawyer
This article aims to explain how you could claim for a traumatic brain injury that was caused by someone else’s negligence. We will begin by looking at the specifics of this kind of injury, from how they could occur to the symptoms that could arise.
Furthermore, we’ll examine the process of claiming compensation for an injury of this nature. We’ll also take a look at some statistics related to brain injuries.
In addition to this, we will look at how compensation in personal injury claims can be calculated. We’ll discuss the two different heads of claim that you could receive if your claim was successful.
Finally, we will look at what a No Win No Fee agreement is and how it can help you fund legal representation for your claim. To conclude, we will provide you with some essential references and answer some questions that we’re asked about claims like this.
What Is A Traumatic Brain Injury?
A traumatic brain injury (TBI) is an injury to the head that impacts the functioning of the brain. TBI can cause lifelong disability or may even be fatal. There are many different kinds of accidents that could lead to this kind of injury.
Traumatic brain injuries are caused by an outside force (like a fall or a blow to the head). However, not all head injuries will result in a TBI.
When you sustain a TBI, it is usually because of additional complications that arise after the initial blow to the head. This could include:
- A lack of oxygen to the brain
- Rising pressure in the skull
- Swelling on the brain
The brain is a very complex organ, with different parts of the brain affecting different functions. Because of this, it can be difficult to predict how a brain injury will affect you. It could result in problems like balance issues, impaired consciousness and epilepsy.
How Could A Traumatic Brain Injury Lawyer Help You?
When you are injured in an accident, the process of recovering can be difficult and arduous. You may not feel that you can take on a claim when you’re already focused on your recovery or caring for your injured loved one.
A traumatic brain injury lawyer could help. They could work on your behalf when processing the claim and inform you of the evidence that you will need to support it.
What’s more, they can accurately value your claim for compensation and work hard to get you the settlement you deserve for your injuries. Their guidance and expertise could help the process run much more smoothly than it otherwise would have.
Could You Suffer A Traumatic Brain Injury?
Below, we have included some information on the duty of care that is owed to you in different circumstances and how this duty could be breached, resulting in a brain injury.
The Workplace
The Health and Safety At Work etc. Act 1974 is the legislation that outlines the duty of care that employers owe to their employees. It states that an employer must take all reasonably practicable steps to ensure your safety and wellbeing.
If they fail to do this, you could suffer a brain injury. For instance, one of the things your employer is expected to do as part of their duty of care is to provide you with the right Personal Protective Equipment (PPE) to do your role.
For example, if your employer fails to provide you with a hard hat and you’re hit on the head by a falling object, then this could cause a brain injury. As a result, you may be able to claim for injuries caused by this accident at work.
Medical Negligence
When you seek medical attention, you’re entitled to a minimum standard of care. But sometimes, this minimum standard is not provided, and you’re injured, or your condition worsens as a result.
For example, if you sustained a head injury and sought medical attention, but the person examining you did not take your symptoms seriously and failed to check for the signs of a TBI, then your condition could get worse. If this delayed diagnosis and treatment happens because of negligence, you may be able to claim.
The Bolam test is usually administered to determine whether a healthcare professional’s actions were negligent or not. A peer group of doctors will be asked whether the care provided was of an acceptable level.
If they believe the person treating you provided care of an acceptable level, then medical negligence will not be said to have occurred, even if you were caused harm as a direct result of the treatment. If they say that the level of care provided was not acceptable, then this could be an example of negligence.
In Public Places
The Occupiers Liability Act 1957 is the law that outlines the duty of care owed to you in public. It states that the person in control of a public place (the “occupier”) has to take all reasonably practicable steps to ensure your safety while using the space.
A public place accident could mean you have a slip, trip or fall and hit your head badly as you land. Alternatively, something like a ceiling tile or a shelving unit could fall on your head if it was not sufficiently secured. If you can show that the occupier of the space neglected their duty of care towards you, leading to your injury, then you may be able to claim.
On the Roads
The Highway Code outlines the duty of care that all road users owe to one another. Every road user has a legal responsibility to drive with the standards of skill and care of the average motorist.
If you’re injured in a road traffic accident because another road user breached this duty of care, you may be able to claim. For instance, a drunk driver could be travelling down the wrong side of the road, which causes them to collide with your vehicle head-on. If you hit your head against the windscreen or steering wheel, you could sustain a brain injury.
Criminal Injury
Serious head injuries can also be the result of a violent attack. Victims of an assault could sustain a blow to the head in the course of an aggravated assault or in street crime.
The Criminal Injuries Compensation Authority (CICA) are an executive organisation with sponsorship from the Ministry of Justice. They can pay damages in some instances to the victims of violent criminal injuries.
There are some differences in the processes of making a claim through the CICA and through the usual channels. Check with our team first, and we can offer you more information.
The Prevalence Of Traumatic Brain Injuries
Statistics indicate that during 2016 – 2017 there were 348,453 UK admissions to hospitals with acquired brain injuries. This means a rate of 531 admissions per 100,000 of the population.
There has also been a 23% increase in the number of females being admitted to hospitals in the UK with head injuries of a non-superficial nature. Other figures show:
- Acquired brain injury (ABI) admissions in the UK have increased by 10%
- There were approximately 954 ABI admissions per day to UK hospitals in 2016-17
- In 2016-17, there were 155,919 admissions for a head injury. This equates to 427 every day
- In 2016-17, 132,199 admissions were for a stroke. This is an increase of 10% since 2005-6.
Statistics do not indicate how many of these head injuries could have been avoidable or caused by the negligent conduct of others. If you would like to know more about claiming for your head injury, please speak to a member of our team today.
Traumatic Brain Injury Symptoms
Traumatic brain injury symptoms can vary depending on how severe the injury is. For example, you may experience:
- Unconsciousness
- Concussion
- Vomiting
- Memory loss
- Problems with coordination
- Fits or seizures
- Loss of, or impact on, one or more senses
- Cognitive difficulties
- Emotional responses that are not appropriate
If you’re with someone who has experienced a head injury and they exhibit any of the symptoms above, you should take them to A&E as soon as you can. You should also take someone to A&E if they have injured their head and:
- The injury was caused by a forceful blow to the head
- They’ve previously had brain surgery
- They’ve had problems with uncontrollable bleeding or a blood clotting disorder in the past
- The injured person has consumed drugs or alcohol
Types Of Traumatic Brain Injury
Below, we have included some information on the different kinds of injuries you could sustain as a consequence of a TBI.
- Brain contusions: A brain contusion is a bruise on the surface tissue. In the same way as other bruises, blood raises to the outer layer of the brain and can collect there, trapped between the surface of the brain and the skull. Contusions can appear anywhere in the brain, but they’re often found at the base of the front parts of the brain.
- Hematoma: This is a blood clot on the surface of the brain (epidural hematomas) or in the brain itself (subdural hematomas).
- Skull fractures: If the skull fractures with enough force, the resulting impact on the brain could cause a TBI.
This list is not exhaustive. If you’ve sustained a TBI and it’s led to a complication that we have not listed above, then simply get in touch with our team. We’ll be able to offer you a no-obligation valuation of your claim.
What Is The Prognosis For Victims Of Traumatic Brain Injuries?
In some cases, a TBI can be treated using surgery. This may be an option if your injury has resulted in a contusion or hematoma that is putting pressure on the brain. Sometimes, surgery might happen a few days after the injury if the hematoma grows.
It’s not currently possible to treat nerve damage caused by a TBI. For this reason, non-surgical TBI treatment options usually aim to prevent further damage to the brain.
For example, your blood pressure may be monitored and, if possible, brought into a normal or sometimes slightly elevated range. This is because an injured brain is particularly vulnerable to damage caused by low blood pressure.
Brain injuries can also have an impact on your emotions and cognitive abilities. In some cases, you may be offered rehabilitation to help you cope with life after your brain injury. For example, you could be offered occupational therapy to help you address issues with your home or workplace or speech and language therapy if these have been affected.
Compensation Payouts In Traumatic Brain Injury Claims
There are two kinds of compensation that a traumatic brain injury lawyer could help you pursue. These are general damages and special damages. General damages are awarded to all successful claimants and aim to compensate you for both your physical and mental injuries and the effect that these injuries have on your life.
When a brain injury lawyer or solicitor values this head of claim, they refer to the Judicial College Guidelines (JCG). This is a document that offers guideline compensation amounts for different injuries, including varying severities of brain injury. Below, you can find some examples of these brackets, but please be aware that they are for illustrative purposes only.
| Injury | Severity | Guideline bracket from JCG | Notes |
|---|---|---|---|
| Brain injury | Very severe | £282,010 to £403,990 | Round the clock care, the need for life support systems to be regulated with little or no meaningful response to environment. |
| Brain injury | Moderately severe | £219,070 to £282,010 | Very serious disability, chronic lifelong mobility and/or cognitive issues. Constant care required. |
| Brain injury | Moderate (i) | £150,110 to £219,070 | Moderate to severe intellectual deficit, sight, speech and personality changes |
| Brain injury | Moderate (ii) | £90,720 to £150,110 | Moderate intellectual deficit, reduced ability to work or function as normal. Increased risk of epilepsy. |
| Brain injury | Moderate (iii) | £43,060 to £90,720 | Impact on concentration or memory. Smaller risk of epilepsy |
| Brain injury | Less severe (d) | £15,320 to £43,060 | Generally good recovery. Some residual issues with concentration, memory and mood may be felt. |
| Brain injury | Minor (e) | £2,210 to £12,770 | Minimal injuries which do not cause any brain injury or, if brain injury does occur, it is minimal. |
Special damages are the head of claim aimed to address the financial losses caused by your injuries. For example, you may need the help of a mobility aid such as a cane or wheelchair to get around following a brain injury. In this case, the cost of this aid could be recouped under special damages.
This heading can also help cover the cost of:
- Prescriptions
- Home nursing care
- Help with cooking and cleaning
- Childcare
- Travel
To claim back these costs under special damages, you need to be able to provide proof, such as a bank statement or invoice.
Our team of advisors are here to help. Get in touch today to find out if one of our brain injury compensation lawyers could help you with your claim.
No Win No Fee Claims With A Traumatic Brain Injury Lawyer
When you work with a traumatic brain injury lawyer under a No Win No Fee agreement, you don’t pay any fees in order for them to start work on your claim. There are also no fees as the case moves forward. Furthermore, there are none at all to pay your lawyer if your case is unsuccessful.
If your case is successful, you pay the lawyers a small “success fee” from your settlement after you receive it. This percentage will be legally capped, and you’re always guaranteed the majority of the compensation you’re awarded.
For more information on how a No Win No Fee agreement could benefit you, why not speak to our team today? You could be connected with a No Win No Fee lawyer to work on your case.
Start Your Claim With A Traumatic Brain Injury Lawyer
To sum up, you can contact our team at Legal Expert for guidance on how to pursue a claim for TBI. After a brief, no-obligation assessment, our team could offer you the advice to start an effective claim for compensation. Furthermore, they could connect you with one of our No Win No Fee lawyers to start work on your case right away.
See how a traumatic brain injury lawyer could correctly value your claim by:
- Calling us on 0800 073 8804
- Emailing or writing to us using our online form
- Use our ‘live support’ option bottom right for immediate help
Essential References
Below, we have included some useful internal and external resources:
Claiming For Medical Negligence During Childbirth
Making A Criminal Injury Claim
What Incidents Are Reportable Under RIDDOR?
FAQs Traumatic Brain Injury Claims
Could I claim on another person’s behalf?
Yes. This is known as being a ‘litigation friend‘ and means that you assume all the relevant court duties for that person. It usually applies to minors but could apply to someone who can not represent themselves because they lack the mental capacity to do so.
What is the time limit on brain injury claims?
There is generally a three-year time limit to personal injury claims. This time frame starts from the date of the accident or the date you became aware that your injuries were caused by negligence. There are some exceptions that apply, and you can speak to us for more information.
What are the stages of making a claim?
You can take the following steps to strengthen your claim for compensation:
- Firstly, seek medical attention
- Collect proof that the negligence caused you harm (for example, a report in a workplace accident book)
- Put together evidence of the financial losses you have incurred
We also recommend seeking representation from a lawyer who has experience in making TBI claims.
Thank you for reading our guide on making a claim with a traumatic brain injury lawyer.
Written by Waters
Edited by Stocks
