Brain Injury

More severe brain injuries can leave those affected with physical problems, such as impairment of movement, balance or speech. They can also be affected by poor memory and personality changes.

Physical problems caused by brain injuries are extremely difficult to deal with, but the cognitive issues caused can also put just as much of a strain on daily life. For this reason, it is advisable to get advice and support to help you adjust to this new way of life.

Brain injuries can generally be divided into two categories, based on what causes them. They can be classified through a blow to the head, or be brought on due to excessive shaking, which is more common in small children.

Clinical negligence leading to head or brain injuries can occur in various healthcare settings, including hospitals, GP surgeries and specialist clinics.

These injuries can happen due to:

• Surgical errors
• Anaesthetic errors
• Misdiagnosis
• Delayed treatment
• Medication errors
• Failure to monitor
• Birth injuries

Brain injuries can also arise due to:

• Road traffic accidents
• Motorcycle accidents
• Cycling Accidents
• Pedestrian accidents
• Workplace accidents
• Slips, trips and falls

If you’re experiencing any of the following, you may have suffered a brain injury:

• A loss of consciousness
• A persistent or worsening headache
• Abnormal eye movements
• Balance or coordination problems
• Disorientation
• Inability to focus the eyes
• Memory loss
• Seizures
• Vomiting

At Ramsdens, our brain injury team are specialists in handling compensation claims for those who have been mistreated in medical settings or suffered head trauma arising from an accident. We know that making a claim can be a daunting prospect, but we are determined to help you get the support you deserve.

The compensation claim process for brain injuries resulting from an accident or clinical negligence can be complex and lengthy, requiring expert legal advice.

Here’s an overview of what the process generally involves:

1. Initial consultation: when you call us, your solicitor will discuss the circumstances surrounding your brain injury to assess whether you are able to make a claim and what your chances of success will be
2. Investigation: your solicitor will collect information relevant to your situation, which might include medical records, expert medical opinions and evidence of any financial losses
3. Notification: a Letter of Notification is sent to the healthcare provider involved, informing them that a claim is being made against them. Your solicitor will handle any and all communication with the parties involved unless you are expressly asked to provide something by the court – which will be unlikely to happen
4. Letter of Claim and response: after a thorough investigation, a Letter of Claim is sent to the defendant, who will then investigate the claim before providing a response that will either admit liability or contest the claim
5. Negotiation: if both parties are open to it, settlement negotiations may take place. This could result in an out-of-court settlement
6. Court proceedings: if a settlement is not reached, your solicitor will help you prepare for court proceedings. This will include gathering more evidence, taking witness statements and obtaining further expert opinions. Here, your solicitor will represent your interests, presenting your evidence. The majority of clinical negligence cases are resolved in the negotiation stages so it is unlikely that a court trial will be necessary
7. Trial and judgment: if your claim is taken to court, a court hearing will take place where both parties present their case. Following this, a judgment will be issued that could award compensation
8. Settlement and payment: if you’re awarded compensation, the final step involves the settlement payment, which could be a lump sum or periodic payments. We will make sure the other party upholds their obligations in paying your compensation, and we may be able to secure interim payments if you have costs that need to be paid urgently

Each case is unique, and the process may differ based on the specifics involved. To navigate the intricacies of personal injury and clinical negligence law successfully, it is essential to consult one of our claim specialists.

Starting a compensation claim for a brain injury is simple when you work with us. Simply call us at your earliest convenience and we will discuss your circumstances and walk you through the steps of making a claim.

There are a few considerations you should make first, however:

• Seek immediate medical attention: the foremost priority is to get appropriate medical treatment for the injured person. Not only is this vital for securing your own health, but the medical reports that are produced as a result will act as essential evidence should you decide to pursue your claim.
• Collect evidence: gather all relevant medical records, photographs, witness accounts and any other evidence that can substantiate your claim. If you are struggling to do this, ask someone you trust to help. When we begin your head or brain injury claim, we will gather evidence to support the claim, but this initial sourcing can help significantly as certain aspects may be more difficult to get or provide later down the line.

Parents, legal guardians or close family members can make head or brain injury compensation claims on behalf of a child. If you do, you will be referred to as a litigation friend, which is a term used to describe anyone who makes a claim on behalf of someone else.

Before settling a claim on behalf of a child it may be necessary to obtain approval from the court, which must be satisfied that the compensation agreed is fair and reasonable.

If successful, the compensation awarded will generally be held in a trust until the child reaches the age of 18, although some funds may be released earlier for medical treatment or other essential needs.

The amount of compensation you can claim for a brain injury arising out of an accident claim or due to clinical negligence varies greatly depending on the severity of the injury, its impact on your life, and the circumstances that led to it. Compensation for such injuries claims are divided into two categories:

• General damages: aim to cover the physical and mental pain, suffering and loss of ability to do everyday things
• Special damages: cover any financial losses you have incurred, including loss of earnings, medical expenses and costs related to adjustments to your home or lifestyle. Any future costs you’re likely to encounter will also be considered in this amount

In the UK, claims for severe brain injuries can be of high value, especially if the injured party requires lifelong care. While less severe injuries might result in smaller pay-outs, these can still be significant, and it’s important to pursue a claim so you don’t have to cover any costs as a result of your injury.