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Brain Injury Claims

What Are Brain Injury Claims?

Brain injury claims enable you to recover compensation when you or a loved one have suffered brain damage in an accident for which somebody else was primarily to blame. Irrespective of how the injury was sustained, by making a successful claim for a brain injury you will be compensated for the pain experienced at the time of the accident, the effect that the brain injury has had on the victim´s quality of life and any financial consequences of a damaged brain.

Making Brain Injury Claims for Compensation

Brain injury claims have to show that quantifiable brain damage has been sustained and that the injury was due to a third party´s lack of care. Determining that you or somebody close to you have sustained brain damage can usually be proven by medical records, but establishing that a third party was responsible for the brain injury through their negligent actions – or lack of actions – can often be more difficult.

Police reports or accident reports may need to be compiled and evidence gathered in support of the brain injury claim. At a time when you may be incapacitated due to your brain injury, collecting evidence of negligence may not be something which is easy for you to do and should not be made a priority ahead of recovering from, or adjusting to, your new situation.

Therefore, it is in your best interests to discuss making brain injury claims for compensation with a solicitor as soon as practically possible. A solicitor will assess your claim for a brain injury, assist you where necessary to collect evidence in support of a brain injury claim and advise you whether there is a claim for brain injury compensation which is worth your while to pursue.

How Much Can I Claim for a Brain Injury?

How much compensation for a brain injury you will be entitled to receive will depend on your own personal circumstances or those of the victim. A solicitor will calculate the value of a brain injury claim by considering the severity of the brain injury in relation to age, sex and general state of health prior to the accident which was responsible for the brain damage being sustained.

As mentioned above, the effect that brain damage makes to a victim´s quality of life will also be taken into account when compiling a claim for brain injury compensation along with the lack of ability to perform day-to-day tasks while still suffering from a brain injury. Any quantifiable psychological consequences of the accident which led to the brain being injured – for example any confidence issues that may be suffered in the future due to the nature of the accident – will also be integrated into the brain injury claim.

You are also entitled to recover any financial costs which are directly attributable to the brain injury trauma when making a claim for brain injury compensation. These can range from expenses incurred seeking medical attention following the accident and brain injury, to additional transport costs because of being unable to drive during the recovery period. Any loss of income can also be recovered in a claim for brain injury compensation – including overtime and pension contributions.

How Much Does it Cost to Make Brain Injury Claims for Compensation?

Provided that your solicitor believes there is a strong likelihood of the claim for brain injury compensation being successful, he or she will usually be prepared to represent you in a brain injury claim on a “No Win, No Fee” basis. This usually means that, should you lose the claim for brain injury compensation, you will not owe your solicitor for their legal fees and, when the brain injury claim is successful, you will retain 100 percent of the compensation settlement.

However, not all solicitors offer “No Win, No Fee” brain injury claims on the same basis, and it may be necessary for you to take out an insurance policy to protect yourself from potential financial exposure should the claim for brain injury compensation be unsuccessful. Your solicitor should explain the exact terms and conditions to you prior to accepting your brain injury compensation claim.

Free Professional Legal Advice about Brain Injury Claims

It is in your best interests to seek professional legal advice about brain injury claims at the first practical opportunity. No two claims for brain injury compensation are the same – even when the nature of the injury to the brain is the same – and to delay speaking with a solicitor about your individual circumstances could handicap the collection of evidence in support of the brain injury claim and affect how much compensation for a brain injury you receive.

Consequently, we invite you to call our freephone helpline and discuss the circumstances of the accident which led to the brain injury with an experienced solicitor. There is no charge for this service and you will not be placed under any pressure to proceed with a claim for brain injury compensation. Our solicitors will be able to provide the answers to any questions you may have about making brain injury claims and help you to decide whether there is a claim for brain injury compensation which is worth your while to pursue.

Other related types of injuries: broken nose injury, loss of sight, chipped tooth claims.