Serious brain injuries can have significant and long-term consequences on your quality of life as well as affecting the loved ones around you. Depending on the extent of the brain injuries, you may be left with brain damage, memory loss and even paralysis.
Brain injuries are already incredibly traumatising; however, when you find out that the accident was due to someone else’s neglect and could have been avoided, it can worsen the emotional pain you have already been put through.
If you have suffered a brain injury that was caused by an accident that was not your fault, you may be eligible to make a brain injury claim.
What are some common causes of brain injuries?
There are many different causes of brain injuries that lead to compensation claims. Some of the most common brain injury claims we deal with include:
Accidents at work – Brain injuries are more prevalent in workplaces such as factories or construction sites; however, they can occur in almost any workplace. Common accidents include being struck on the head by a falling object or falling and hitting your head.
Medical negligence – Brain injuries can occur due to medical negligence. This can include delays in treatment, misdiagnosis and surgical errors, which can cause or worsen brain injuries.
Accidents in public places – People can also sustain brain injuries in public places on the street or on private premises. These types of accidents commonly include slips, trips and falls due to negligence.
Road traffic accidents – Road traffic accidents can result in brain injuries due to the amount of force involved in a collision, especially when there is blunt force trauma to the head. Cyclists and Motorcyclists are more likely to suffer from these injuries due to the lack of protection; however, it can happen in any vehicle.
If you have sustained a brain injury in an accident listed above, as well as others, contact our brain injury solicitors today to determine your eligibility.
Brain injury claims: Types of brain injuries
Brain injuries are typically classified according to the severity of the injury and how the injury was sustained. There are two main categories for brain injuries, acquired brain injuries (ABI) and traumatic brain injuries (TBI).
Acquired Brain Injuries (ABI)
Acquired brain injuries is a term that describes brain injuries that occur after birth. These include injuries due to strokes, brain haemorrhages or tumours, as well as a variety of others.
Traumatic Brain Injuries (TBI)
Traumatic brain injuries refer to brain injuries resulting from blunt force trauma to the head. These types of injuries can occur when an object suddenly strikes the head or when a sharp object pierces through the head and goes on to cause brain damage.
What can be recovered in a brain injury claim?
There are a variety of losses that can be recovered following an accident that was not your fault. Below are just a few examples:
Loss of income – If you were required to take time off work due to your injuries, you should be able to recover your loss of earnings for the full period of time you were unable to work.
Pain and suffering – The law considers the fact that there is a certain amount of trauma and pain that can be associated with accidents. Therefore, it has made a provision for injured persons to obtain compensation for the same.
Loss of amenity – You may be able to claim an amount of compensation for your loss of amenity. This refers to instances when your injuries have prevented you from participating in activities that you had previously taken part in and enjoyed.
A loss of enjoyment can directly affect your life and can lead to long term effects such as mental health issues like frustration and depression. There is a provision in the law that covers any loss of amenity resulting from an accident.
Other financial losses – Other financial losses which were directly caused by the accident, such as medical treatment costs and travel costs, can also be recovered as part of a personal injury claim.
There is no maximum amount that you can be awarded for brain injury claims. The amount of financial compensation awards you receive will be based on the severity of the ongoing disability and losses due to negligence. A negligence claim is considered on a case-by-case basis as each claim has a unique set of circumstances.
In certain cases, it can be difficult for the sufferer of a brain injury to pursue a claim for compensation themselves. Therefore, a litigation friend (often a close family member) will be able to pursue to them on their behalf.
Can I receive financial aid before my case concludes?
When you are suffering as a result of a head or brain injury, it can put you at financial risk if you are unable to work, or you may be forced to pay for treatment. Therefore, interim payments are available in order to relieve some of the financial burdens that you may be faced with.
Interim payments are payments that can be made prior to a final settlement for costs such as rehabilitation and private medical treatments.
For more information regarding interim payments, please contact Wildwood Legal to get in touch with one of our personal injury solicitors.
Time limit for making a brain injury claim
The general rule on time limits for making a brain injury accident claim is that you have three years from the date of the injury to have either settled your claim or started court proceedings once the accident has happened.
The three-year deadline begins on the date that the accident occurred or from the date on which you realised that your injuries were associated with your accident due to negligence.
How much does it cost to make a claim?
We will always be 100% transparent about what our charges are, and if we take on your case, we will almost always do so on Conditional Fee Agreements (also known as a no win, no fee basis).
This means that if you do not win your case, you do not pay us any fees at all. If we win the case, we take a small percentage of your compensation, which we will agree with you beforehand, to cover our costs.
We will never ask you to sign anything until you are completely happy with what it is that we are proposing.
How can Wildwood Legal help?
At Wildwood Legal, we know that the consequences of negligence can be devastating. If you have suffered from this, you need to seek legal advice – That’s where we come in.
We see all too often the significant effect that a head or brain injury can have on people’s lives. We can help on the financial side to get you on the road to recovery and help you to maximise the amount of compensation you receive.
Our core strength is in personal injury claims. We are experienced in helping you with any negligence claims that you may want to make. We aim to give you not only quality aid but flexibility and clarity as we know that these qualities are just as important.
Our law firm is authorised and regulated by the Solicitors Regulation Authority; therefore, we provide everything that is needed to meet their high standards meaning that we are a trusted law firm. We offer services to individuals located in England and Wales.
Our ultimate aim is to obtain a great outcome for your case and for you to feel able to recommend us to others at the end of your claim.
We value the opinion of our clients, and we will always listen to you and take on board what you say.
We have registered offices in Harrogate and London.
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