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Living with a brain injury can be very challenging. Brain injury survivors typically have complex needs and may require extensive medical treatment, rehabilitation services, counselling, personal care and specialist equipment. The person with the brain injury and any loved ones who need to take time off work to care for them may also lose their income.
For many families, claiming compensation is the only way to make sure that the needs of someone living with a brain injury can be met. It is also often the only way to get answers about the events leading up to the injury and to make sure lessons are learned.
Making a brain injury compensation claim can seem complicated and intimidating. However, with the right legal advice and support from our expert personal injury lawyers, the process can be made much simpler and less stressful, while ensuring the maximum compensation can be secured.
With many years of experiencing helping people to claim brain injury compensation under highly challenging circumstances, the personal injury team at Roythornes have the seasoned legal expertise and sensitive personal approach you need at this difficult time.
Independently recognised expertise
The strength of our legal expertise and the service we offer our clients has been independently recognised with the Law Society’s Personal Injury accreditation and with a top ranking for Personal Injury in the Legal 500.
Free initial consultation
If you are considering making a brain injury claim, we provide a free initial consultation to discuss your case and answer your questions. Our brain injury Solicitors will advise you on whether we think your claim justifies further investigation and explain how the claims process works.
Flexible funding arrangements
We offer a number of flexible funding arrangements, including conditional fee agreements where suitable. This means there is often no upfront cost to start a brain injury compensation claim and no financial risk involved for you.
How brain injury compensation claims work
Starting a claim
The first step is to discuss whether you may have grounds for a claim with one of our specialist brain injury solicitors. During your free initial consultation, you will have the opportunity to discuss the situation, including the events leading up to the injury and the impact on your/your loved one’s life.
We will then provide an honest assessment of whether we think your claim merits further investigation, as well as the process involved, likely damages available and the options for funding your claim.
Establishing the grounds for a claim
Where we believe you have grounds for a claim, we will investigate the circumstances surrounding the injury, gathering all of the necessary evidence to support a claim. Depending on the circumstances, this might include such evidence as medical records, accident records, witness testimony and expert medical testimony.
Once it is established that you do have grounds for a claim, we will need to establish how much compensation you or your loved one are entitled to. This will involve looking at all of the ways (both financial and non-financial) that the injury has affected your family.
Financial costs you may be able to claim to include paying for medical treatment, counselling, rehabilitation services, specialist equipment and personal care, as well as replacing lost income (including future income).
Non-financial consequences of a brain injury that may be covered include pain and suffering, loss of services provided by the injured party and loss of amenity i.e. the injured person no longer being able to carry out activities they previously could.
Out-of-court settlement negotiations
Many brain injury claims can be settled out of court through negotiation and alternative dispute resolution. Our brain injury solicitors are highly skilled in such matters, meaning we can frequently secure compensation without the need for costly, time-consuming and stressful court proceedings.
Where a settlement cannot be agreed upon voluntarily, court proceedings may be needed to get you fair compensation. In such cases, we will make sure you have the very best representation and empathetic personal support through the entire court process.
Time limits for brain injury claims
There are strict time limits for claiming brain injury compensation, so it is important not to delay finding out if you or a loved one may be entitled to compensation.
If you are claiming for yourself, you will usually have 3 years from the date when the brain injury occurred to make a claim.
If you need to claim for someone who lacks the mental capacity to pursue a claim themselves, there will be no time limit. However, if they later regain mental capacity, then they will normally have 3 years to claim from the date when they regained capacity.
If you are claiming for someone under the age of 18, you will have until their 18th birthday to do so. Once they turn 18, then the claimant will be able to bring their own claim up until they turn 21 (assuming they have the mental capacity to do so).
If a loved one has died due to a brain injury, you will normally have 3 years from the date of death to bring a claim on behalf of their estate or dependants.
Funding a brain injury claim
The cost of making a claim should never be a reason to put off pursuing the compensation you are entitled to. Our brain injury solicitors offer a number of flexible funding options to cover the cost of a brain injury claim, including conditional fee agreements (‘no-win-no-fee’) where appropriate.
With a no win, no fee brain injury claim, there is no upfront cost to start your claim and you will only need to cover our fees if we succeed in securing compensation for you. If your claim does not succeed, you won’t need to pay us anything. This means there is no financial risk to you in starting a claim.
To find out more about our flexible funding for brain injury claims, please get in touch.
Why choose our personal injury lawyers for your brain injury claim?
Over the years, we have earned a reputation for our exceptional legal expertise and client-focused service covering a range of legal matters.
We know how much clients value good communication, so will ensure you are kept up-to-date at all times and that your questions are answered in plain English. You will have a dedicated point of contact at the firm, so you will always be able to speak to someone who knows you and your situation whenever you need.