Brain Injury Claims

If you have suffered a brain injury as a result of an accident that happened as a result of someone else acting in a negligent manner then you are entitled to pursue a claim for damages to compensate you for your injuries. You may have become injured as  result of  a road traffic accident, an accident that occurred whilst you were at work or when you were present on public property.

A brain injury can range from the most catastrophic injuries where the individual is permanently damaged and requires round the clock care and medical intervention to more subtle injuries where someone may appear to the outward world to be recovered and fully functioning but in fact they are continuing to suffer from cognitive and/or emotional difficulties. In a brain injury claim it is vital that even the most subtle difficulties and consequences of the brain injury are fully evaluated and considered.

The purpose of compensation awarded in a personal injury claim is to compensate you for the injuries you suffered and any financial losses that you have suffered or are likely to suffer in the future as a consequence of your brain injury. That may include loss of earnings, the cost of care and assistance, private medical costs, equipment and or adaptations or changes that you have to make to your accommodation.

A brain injury can have far-reaching effects on the injured person's daily life, both personally and professionally. A claim will not only try to put a value on the injuries themselves, in accordance with established guidelines, but will also cover the financial losses that an individual has suffered as a result of those injuries. Claims can cover loss of or reduction in earnings, medical treatment, care and therapy costs, and increased transport and accommodation costs.

Each case is unique and so the nature and extent of the losses claimed will vary in each case depending on the effect it has had on the injured party's life and ability to work.

Sometimes when someone has suffered a brain injury they may lack the mental capacity to bring a claim themselves. If that is the case the Court will usually appoint a close family member to act as a "litigation friend" on their behalf. This role requires that person to make decisions regarding the litigation in the best interests of the injured party.

We will consider the appropriate funding arrangement for each individual case and advise you accordingly. Usually in brain injury cases we act on the basis of no-win, no fee agreements (also known as conditional fee agreements). This means that there is nothing for you to pay at the outset of your claim or while it is ongoing. If the claim is successful, then the Defendant will usually be ordered to pay the vast majority of your fees at the conclusion of the case.

Under the terms of a conditional fee agreement, if a claim is unsuccessful we do not claim payment from you for the work we have done. We also advise our clients as to appropriate insurance cover, with premium payment deferred until the conclusion of the claim, to protect them from the risk of being ordered to pay any of the Defendant's costs.

When you first make contact with a personal injury solicitor they should arrange a meeting with you and/or your family to discuss what has happened to you and how you have been affected. The solicitor will usually try and gather some information from you regarding the circumstances that lead to your injury and how you have been affected by the injury. The solicitor should also discuss any fee arrangements with you and this is an important opportunity for you to ask any questions which you have about the process and to decide if you wish to instruct them to act on your or your family member's behalf.

Once instructed your solicitor will make contact with the person/organisation who have caused your injuries ( the Defendant)  and set out the initial basis of your claim. If liability (who is at fault) is straight forward interim funds should be made available early in the process to allow you to access treatment or therapies and to ease the financial burden if you are unable to work as a result of your injuries. Sometimes if the accident circumstances are not clear there may be further investigations carried out. If the police are investigating criminal proceedings or the Health and Safety Executive are investigating your solicitor will apply for information held by them to further evaluate the prospects in your case.

Alongside looking into the liability aspects of your case your solicitor will start to gather medical evidence on your case from various medical experts who will prepare reports setting out your injuries and most importantly your future prognosis and what help or treatment you are likely to require in the future.

Within the three years from your injury proceedings will usually be issued at Court on your behalf. Your claim will then follow a timetable set down by the Court which will bring your claim to a trial date/conclusion. The vast majority of cases do not proceed to trial and will settle before then in negotiations with the Defendant. If someone is successful in being awarded damages but they lack the mental capacity to manage their finances the Court of Protection will then become involved and a Deputy will be appointed to manage their funds on their behalf in their best interests and reporting to the Court.

At Fieldfisher we work hard to obtain interim damages from defendant insurers at an early stage after the accident to ensure that our clients are getting the treatment and support they need to optimise their recovery while their claim is ongoing.

We work with experienced case managers to put in place bespoke care packages for each client. Clients that we work with are receiving treatment and support from specialists in fields such as: neurology, neuropsychology, neuro-psychiatry, neuro-physiotherapy, care and occupational therapy.

Fieldfisher have a long experience of specialising in complex injury claims, including brain injury claims. The Serious Injury Team's focus is on obtaining the right rehabilitation for clients at an early stage and in pursuing defendants to achieve the best outcome possible. The team is headed up by Jill Greenfield, recognised by Chambers as a 'Star Individual' in her field. The team has recovered millions of pounds in damages for seriously injured clients, transforming their lives.