Brain and head injury compensation claims

brain and head injury compensation claims

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brain and head injury compensation claims

Suffering a brain injury can have a devastating effect on the individual concerned and their loved ones.

Although medical professionals successfully treat head injuries every single day and some patients will go on to make a full recovery, acquired brain injuries can result in a lifelong impact on a person and become extremely challenging meaning they require special care for the rest of their lives.

Our expert brain injury solicitors understand the hardship experienced by those involved and will seek to earn compensation which could help towards rehabilitation costs, loss of earnings and accommodation fees.

contact us today

Our medical negligence team has helped to secure multi-million pound NHS compensation packages for brain injury cases and can offer you a free consultation.

Speak directly to a solicitor regarding medical negligent brain injury claims today using the phone number below.

Alternatively you can request a call back using the form at the top of this page.
Our lines are open Monday to Friday between 9am and 5pm.

FREEPHONE: 0800 046 1088

OR

EMAIL: med-law@wilkinchapman.co.uk


Brain and head injury claims
FAQs

How do I make a brain injury claim for compensation?

We investigate a potential brain injury claim by obtaining the medical records and then seek to obtain independent medical expert evidence on the care provided. It is on their evidence that a case would be based on.

We would then need to discuss the potential claim with the Defendant(s) to seek their views on the care provided. Sometimes they accept medical negligence on their part, but sometimes this is denied. Depending on the stance they take determines the further steps that may be needed.

What is the time limit for brain injury claims?

The default time limit to make a claim for compensation is three years from when the alleged negligence occurs.

If the injury is to a child, the time limit is three years from their 18th birthday to make a claim. Sometimes, there is no time limit at all, if for example the injury causes significant brain damage so it can be said the person “lacks capacity”. With cases that sadly result in a death, the time limit is three years from the date of the death.

How long will my claim take?

This will depend upon a number of factors, including the nature of the injuries, the number of experts that may be required and the stance of the Defendant(s). However, brain injury cases are notoriously complex, particularly in cases involving a child. This is because it can often take some time for the true extent of a brain injury to materialise itself, and therefore until it is known the full impact that it will have on that person.

Will I need to go to court?

Whilst it is possible that we would have to issue Court proceedings, most cases are resolved without the need to go to a Trial, which would be a final hearing. This is because most cases, even in the Court process, are resolved through negotiation. However, if the case involves a child or a protected party, it is likely that any settlement achieved would need to be approved by the Court at an Approval Hearing. This is an informal hearing where the Court wishes to be satisfied that the sum is appropriate.

What do I have to pay you?

There are various funding options available in medical negligence cases. We can discuss these with you to see what is available and what would be appropriate.

Legal Aid is still available, but only in limited circumstances of brain injury occurring to a child either during birth or shortly after.

Our Lincoln office is one of the three solicitors’ firms in Lincoln who provide legal aid for medical negligence cases. Find out more on our legal aid page.

Alternatively, we may be able to act on a Conditional Fee basis, which people tend to know better as a “no win no fee” arrangement.

What is my head injury claim worth?

Head injury compensation depends on numerous factors, including:

  • The nature and extent of the injuries caused by the negligence;
  • The financial impact those injuries have on you/your loved ones both now and in the future;
  • The risk of further complications;
  • Whether any pre-existing problems are involved;
  • Whether or not further medical treatment, operations, aids/equipment, adaptations to property or long-term care or treatment are required

Will I have to attend any meetings with my solicitor in person?

It is our preferred option to meet with you face to face, but we live in a busy digital age, which along with geographical location, work and other commitments allows us to discuss your claim by telephone, video calls and email. It can also extend to sending you all the relevant documents that need reviewing, completing and signing by post, email or other electronic means. So, we do not necessarily need to meet face to face regularly or at all.

Can I make a claim on behalf of a child?

Yes. For injuries to minor children, they are not able instruct us themselves, and therefore require something called a Litigation Friend to act on their behalf. This is typically a close family member. The Litigation Friend instructs us and makes decisions on the case on the child’s behalf. If a settlement is achieved, that sum would need to be approved by the Court to ensure it is in the child’s best interests.

Why choose us?

Jonathan Baker is accredited to the Law Society's Clinical Negligence Accreditation Scheme, which covers all work undertaken by solicitors and suitably qualified Chartered Legal Executives arising out of any act of negligence, breach of contract and/or statutory duty as a result of which the victim has sustained injuries in the course of medical or dental care.

The need for this scheme is for victims of negligence. As a member we have shown, to the satisfaction of the Law Society that we have and will maintain a high level of knowledge, skills, experience and practice in the area of clinical negligence. Keen to do more, we also work with various charities across the sector, whether through our association with Forces Law or directly as a firm.


brain and head injury claims – more information
med-law@wilkinchapman.co.uk

Claiming for a head injury

If you’re unsure about your eligibility to claim compensation for a head injury, speak to one of our medical negligence experts for a free consultation.

To succeed in making a head injury claim, it has to be proved that the treatment provided fell below a “reasonable” standard of care and also that this treatment caused an injury and in some cases financial loss and/or expense which would otherwise have been avoidable.

What is traumatic brain injury (TBI)?

According to Headway, a traumatic brain injury, also known as TBI, is an injury to the brain caused by a trauma to the head (head injury).

‘Severe head injury is usually defined as being a condition where the patient has been in an unconscious state for six hours or more, or a post-traumatic amnesia of 24 hours or more. These patients are likely to be hospitalised and receive rehabilitation once the acute phase has passed. Depending on the length of time in coma, these patients tend to have more serious physical deficits.’

What causes a TBI?

A TBI usually results from a blow or strong jolt to the head which causes the brain to move inside the skull, but there are many ways in which a TBI can be caused such as a fall, car accident, sports injury and medical negligence.

Some of the most common medical errors leading to brain injury compensation claims are:

  • Delay in diagnosis and treatment/mismanagement of certain medical emergencies n (such as sepsis, encephalitis, diabetic ketoacidosis, hyperkalaemia or meningitis
  • Insufficient oxygen to the brain due to mismanagement of care, perhaps to a baby during/after labour;
  • Misdiagnosis/late diagnosis of a stroke;

If you or a loved one has suffered a brain injury as a result of medical negligence, contact our brain injury solicitors for expert advice on the claims process and compensation.

The effects of brain injury

Serious brain injuries can have dramatic long-lasting effects and permanent changes on a person’s ability to talk, walk, see and hear. In addition to this there is also risk of a coma, fluid build-up, infection and brain death. Ultimately, there are many ways in which a brain injury can have an effect on a person’s life.

The severity of a brain injury heightens the need to seek legal advice as soon as possible so we can begin investigating your case and advise you on the best steps moving forward.

How can we help?

We have a dedicated team of experts who have a wealth of experience in dealing with the intricate and specialist issues that arise in medical negligence cases.

If you or a loved one has suffered a brain injury, we are here to help you through the claims process.

Case study

‘From carers to becoming a true family again’: relatives’ relief after £9million NHS pay-out assures man’s care for the rest of his life.

The relatives of a man condemned to a life of disability can now ‘move on as a family’ knowing that the money is available to give him the support and independence he needs.

Speaking after the young man and his family secured a multi-million-pound NHS compensation package, senior solicitor and medical negligence specialist at Wilkin Chapman solicitors, Jonathan Baker, told of the relief of all concerned.

Jonathan has spent several years closely engaged with the man, now in his early 20s, and his family as a total settlement of more than £9million was negotiated.

As reported, as a boy, he was taken in with an acute medical condition to Grimsby’s Diana Princess of Wales Hospital where his treatment ‘fell short of what should be expected’ and he suffered permanent brain damage. Northern Lincolnshire and Goole NHS Foundation Trust admitted liability in full for his injuries and last week agreed to the final settlement of his claim in the High Court.

THE relatives of a man condemned to a life of disability can now ‘move on as a family’ knowing that the money is available to give him the support and independence he needs.

Speaking after the young man and his family secured a multi-million-pound NHS compensation package, senior solicitor and medical negligence specialist at Wilkin Chapman solicitors, Jonathan Baker, told of the relief of all concerned.

Jonathan has spent several years closely engaged with the man, now in his early 20s, and his family as a total settlement of more than £9million was negotiated.

As reported, as a boy, he was taken in with an acute medical condition to Grimsby’s Diana Princess of Wales Hospital where his treatment ‘fell short of what should be expected’ and he suffered permanent brain damage. Northern Lincolnshire and Goole NHS Foundation Trust admitted liability in full for his injuries and last week agreed to the final settlement of his claim in the High Court.

“It was wonderful to see the interim payments making such a difference to him and his family, and then knowing that this final sum will enable him to maximise his independence for the rest of his life,” said Jonathan.

To take the case to its conclusion, Jonathan added how it was funded by Legal Aid – something that would not have been open to them if the case was brought today, following Government reforms in 2013.

“There is no doubt that it would have been a very different story had this been the case,” he added.

Useful contacts

Brain Injury Matters - 02890705125

Brain Injury Rehabilitation Trust

Child Brain Injury Trust

Headway – 0115 924 0800

The Brain Charity - 0800 008 6417

Related resources

Sepsis: spot the early signs and save a life

Wilkin Chapman Senior solicitor and medical negligence specialist Jonathan Baker talks of a ‘family’s relief’ after £9m NHS pay-out

Please note, the information on this page is not meant to be a substitute for advice provided by a doctor. Always consult with an appropriate professional for specific advice related to your situation

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