Brain Injury Compensation Claims
A brain injury can be life changing, resulting in lifelong physical, cognitive and emotional issues. Patients often require intensive medical treatment and rehabilitation care and may need ongoing support, specialist equipment and other adaptations to allow them to live as independently as possible. Claiming brain injury compensation is therefore often critical to ensure the appropriate care and support can be accessed.
Jobling Gowler’s team of expert brain injury solicitors, based in Macclesfield, have extensive experience in helping people to pursue compensation for a wide range of brain injuries. With an exceptional track record of success, we have secures millions of pounds in damages for our clients over the years.
Our specialist team regularly helps clients with claims related to:
- Road traffic accidents
- Physical assaults
- Workplace injuries
- Sports accidents
- Stroke-related brain damage
We understand how confusing and intimidating the idea of making a brain injury compensation claim can be, so promise to provide friendly, sensitive, but highly practical advice and support to ensure getting a settlement is as simple and stress-free as possible.
In many cases, we are able to support clients on a no win, no fee basis, meaning you only pay us if we secure compensation for you. That way, there is no financial risk to you in making a claim and we are able to help anyone who needs our legal expertise to achieve a fair settlement.
For an initial free consultation about making a brain injury claim, please contact one of our specialist serious personal injury solicitors today.
How to pursue brain injury compensation
If you believe that you or a loved one have a case to claim brain injury compensation, we recommend you speak to a member of our team as soon as possible. They will be able to advise you on the strength of your claim, how much you might be able to secure as a settlement, the likely timeframe involved and other key details you need to know when deciding whether to move forward with your claim.
Once you choose to pursue a claim, we will start building your case by collecting key evidence. This will typically include medical records, witness statements and expert testimony from independent medical professionals. With this information, we can establish what happened, who is responsible for the injury and what impact this has had on you/your loved one.
Once the facts of the case are clear, we will issue a letter of claim to the person you hold responsible for the brain injury. This will set out the details of your claim and how much compensation you are seeking.
The defendant will normally need to respond within a maximum of three months. They will usually either accept full or partial responsibility, or deny responsibility. If they accept some degree of responsibility, they will normally offer some level of compensation and it will be up to you whether to accept this or not.
If the defendant denies liability, or you are not happy with the level of settlement offered, we will likely have to issue court proceedings to resolve the matter. A court will typically set a hearing date around 18 months from the time proceedings are issued.
While waiting for your hearing, we will attempt to negotiate a pre-trial settlement wherever possible. Most claims can be settled in this way, allowing for a faster resolution while saving you money on legal fees and avoiding the need for you to appear in court.
If we cannot secure a pre-trial settlement, you will likely need to attend a court hearing to resolve the matter. Where this is the case, we will make sure you have the best possible representation so that your case is presented in the strongest way to help you secure a fair outcome.
Funding brain injury claims
Many people are concerned about the cost of making a brain injury claim, but we are often able to represent clients on a no win, no fee basis, meaning there is no upfront cost to start a claim.
With a no win, no fee brain injury claim (also known as a ‘conditional fee arrangement’), you only pay us if we successfully secure a settlement for you. Our fee will be based on a pre-agreed percentage of the compensation we win for you, meaning you will never be left out of pocket.
Alternatively, you may be able to fund the cost of making a claim through an insurance policy, if you have legal expenses cover. This is sometimes included as an optional extra with home insurance policies, so it may be worth reviewing your policy if you think this may be an option.
Please get in touch for to find out more about your funding options for pursuing a brain injury claim.
Why choose our specialist brain injury solicitors
Jobling Gowler’s team of specialist brain injury solicitors in Cheshire has a well-earned reputation for achieving compensation for our client under even the most complex and difficult circumstances.
We aim to make the process of pursuing a claim as straightforward and stress-free as possible while giving you complete confidence that you have the very best legal team available working on your case.
While we are based in Macclesfield, we work with clients all over the UK, ensuring everyone has access to our expertise and skilled advocacy.
We are accredited by the Law Society for Personal Injuries and Clinical Negligence in recognition of our exceptional expertise in these areas. We have also achieved the Law Society’s Lexcel accreditation for the high standards of our practice management and client care.
Brain injury claims FAQs
How long do I have to make a claim for a brain injury?
Normally, you will have three years from the time that a brain injury occurs to start a claim. If, for any reason, you only become aware of the brain injury at some point after it occurs, the three-year time limit may be counted from this point instead.
There are two exceptions to this, however:
- If the brain injury happens to a child, the three-year time limit only comes into effect from their 18th birthday, meaning they have until they turn 21 to start a claim.
- If the person who experiences the brain injury is left without the capacity to bring a claim by themselves i.e. because they are in a coma, there is no time limit for someone else to bring a claim on their behalf. This only changes if they regain capacity later e.g. if they wake up from a coma, in which case the three-year claims window will start from when they regain capacity.
How much can I claim for a head injury?
This will depend on the severity of the injury, its impact on your/your loved one’s life and the level of liability the defendant accepts or is found to have at trial.
There are two types of brain injury compensation you can typically claim:
General damages for non-financial losses e.g. pain and suffering or changes to your/your love one’s lifestyle.
Special damages for specific financial losses e.g. treatment costs or loss of earnings.
How long does a brain injury claim take to settle?
It is important to realise that brain injury claims take time. While low value claims can sometimes be resolved in a matter of months, higher value claims will typically take at least 12-18 months to reach a settlement. In more complicated or contentious cases, it can sometimes take more than 2 years to resolve a claim.
Do I need to go to court to claim brain injury compensation?
Most brain injury claims can be settled outside of a court, but you should be prepared for the possibility of going to court if an early settlement cannot be agreed. If there is a specific reason, related to your health, why appearing in court would be particularly problematic it is sometimes possible to give evidence in writing or via video link.
Start a brain injury claim today
If you or a loved one have experienced a brain injury, contact one of our specialist clinical negligence solicitors today to arrange a free initial consultation so we can help you decide your next move.