Our expert brain injury solicitors have over 35 years’ experience of supporting adult brain injury claims – as well as children who suffer brain injuries. It’s why we’re recognised as a leading firm in the field of head and brain injuries by the independent Chambers and Partners and Legal 500 guides. And we are here to give you the best chance of rebuilding your life, or the life of a loved one, after suffering a life-changing injury that was not your fault.
Our head injury solicitors also know how important it is for you to get the proper treatment and rehabilitation. As part of our service to you, we will look to put this in place as soon as possible to ensure that you enjoy the best quality of life following an injury. We can recommend our carefully chosen care and support partners who can help you to start out on the road to recovery. This can even be done before your claim is settled.
No matter your needs, whatever your head or brain injury, contact us now to find out how our brain injury claims solicitors can help you.
The brain is perhaps the most important organ in your body – controlling everything that you do. If even just one small part of it is damaged, the consequences can be life-altering. One possible cause of a serious brain injury is a blow or trauma to the head. The force involved can result in the brain hitting against the inside of the skull – tearing or bruising crucial nerves and tissue.
The consequences of a brain injury can be devastating for the injured person and their family. The National Institute for Health and Care Excellence (NICE) says that brain injuries caused by severe trauma are the “commonest cause of death and disability in people aged 1-40 years in the UK”. It can also lead to all sorts of memory, concentration, language, and communication problems.
The type and severity of any given brain injury will see its impact differ from one person to another. Find out more about what qualifies as brain injury to see if you might have a head injury claim.
Watch the videos below to hear below from our specialist brain injury solicitors about their experiences of representing brain injured clients, situations where they have made a difference, and what they like most about working in this area.
Our specialist solicitors have more than 35 years’ experience in winning complex head injury compensation claims on behalf of both adults and children. Using their comprehensive expertise and knowledge, they can help if you have a claim too.
If we are confident that you have a good claim, we will offer to act for you on a ‘no win no fee’ basis. This means that you won’t have to pay anything should your brain injury compensation claim not be not successful
We work with partner organisations to provide you with easy access to some of the best rehabilitation and support services so that your recovery doesn’t have to wait until a claim is settled.
We represent clients anywhere in the world who were injured in England and Wales. We are able to pay you a visit at your home or hospital, anywhere in the country.
Two independent guides – Chambers and Partners and The Legal 500 – both recommend our team of brain injury solicitors for the work that we do and the results that we achieve.
The Legal 500 guide quotes Bolt Burdon Kemp as ‘dynamic, empathetic, caring and prepared to go that extra mile for the clients and professionals working with them. The solicitors take a genuine interest in the client and family and have an excellent bedside manner.’
Our client, a young successful professional, was crossing at a pedestrian crossing when she was involved in a collision with a motorcycle being driven at excessive speed. She sustained a severe traumatic brain injury as well as multiple fractures to her legs, arms, ribs and pelvis.
Living with the impact of a brain injury is not as rare as you might think. In fact, there are as many as 1.4 million people who do so on a daily basis – a number quoted in a 2020 Parliamentary debate. Not everyone will suffer a head injury in an accident, but it does highlight that brain damage and head injuries can easily occur.
Each brain injury compensation claim is unique so we’ll carefully review your case details to ensure that we can achieve the best results for you. The six main steps in any claim are:
Tell us about your injury and what caused it in your own words. We can then let you know if we think that you have a claim. For a free, no-obligation chat about your or your child’s claim, call us on 020 3740 6647 or use our online form.
If we think that you or your child have a claim, the next step is to work out the best funding options for you. This could include taking your case on with a “no win, no fee” agreement.
Your solicitor will contact the party likely to be responsible for your claim. They will notify them that a claim is being made and ask them to consider funding your rehabilitation. We will also explore other rehabilitation options to help you at this stage.
We’ll request copies of your (or your child’s) medical records, GP notes and any accident reports to help us to assess the severity of the injury. We also consider its impact on your or your child’s life now. The aim is to understand if anyone’s wrongdoing may have caused or worsened the injury.
If the records support your claim, we’ll ask medical and/or accident reconstruction experts to prepare reports about the case.
Once we have supporting evidence from all experts, we’ll send the individual or organisation responsible a formal “letter of claim”.
Our guide to the claims process explains what you can expect in more detail.
You can.
The first instance where you might wish to make a head injury compensation claim is when your child is affected. It is also possible to make a claim for a loved one who no longer has the capacity to decide for themselves.
Strict time limits apply when bringing a claim. So, if your child or loved one is injured, it is important to seek advice from a specialist solicitor as soon as possible.
In addition, you can start a claim if a loved one passes away as a direct result of a brain injury.
There are strict time limits for bringing a claim for brain injury. Typically, you have three years from the date on which the injury occurred to issue a claim in court. If you do not issue your claim in time, you will lose the right to bring your claim altogether.
In some circumstances, you will be able to bring a claim within three years of the date on which you ought reasonably to have become aware that you had a claim. This ‘date of knowledge’ test is subjective and needs to be assessed on a case by case basis. It is therefore important that you get advice from a specialist brain injury solicitor as soon as possible to avoid falling foul of these time limits.
When bringing a claim on behalf of a child, you have to issue the claim in court before the child’s 21st birthday.
A brain injury can have serious consequences for both the injured person and their loved ones. No amount of money can ever truly make up for the life-altering impact of a profound injury.
In claiming compensation, however, you can manage those consequences. It can be used to pay for much needed care, treatment and therapy. Any amount that you secure can also help to alleviate financial hardship and improve quality of life.
The amount of compensation depends on the severity of your injury. As part of a claim, your solicitor also considers the impact that your injury had on your personal life and career. Any financial losses that you suffer will be included in this.
In any injury claim, compensation is split into two considerations. The first is ‘general damages’ – designed to reflect your pain and suffering. The Judicial College has guidelines that sets out amounts that differ based on the severity and area of the injury.
On top of this, there are what are called ‘special damages’ – covering the costs and losses you incur as a result of your injury. This is entirely subjective and based on your unique situation.
We will help you to find a way to fund your claim if we believe that it has a good chance of success. In general, there are four options to help to fund your legal fees.
The first is ‘no win no fee’ – or a Conditional Fee Agreement. If we take your case on this basis, you will not pay anything in the event that your claim is not successful.
Other options include Legal Expenses insurance, Legal Aid or a private, self-funded approach.
When you receive compensation for a serious injury, your financial circumstances change and this means that you may no longer be eligible for some (or all) of your means-tested benefits. But we can help you protect any entitlements that you may have. One way to do this is by setting up what we call a Personal Injury Trust.
If this is applicable to you, our specialist brain injury solicitors will be happy to advise you about who to speak to for more information.
A successful brain injury claim can mean that you receive a lot of money as compensation. This can be hard to deal with if you are unsure what to do next. Investing it needs careful thought – but you do not have to deal with it alone. If you wish, we can put you in touch with an appropriate professional who can provide you with the expert advice you need.
Early medical treatment can often be vital when it comes to improving your current medical situation – and future prospects. This can include surgery, physiotherapy, counselling or other forms of care. The good news is that you do not have to wait until a claim is settled to get this treatment. We can work with rehabilitation services to start your recovery as soon as possible.
It is never an outcome with which we want to deal but sometimes a claim will not be successful. If we take your case on a ‘no win, no fee’ basis, however, please do not worry. It is an agreement that, provided you comply with your obligations, is designed to make sure that you pay nothing in the event that you do not succeed.
When you decide to make a brain injury claim, it is important that you have complete trust in your solicitor. But what happens when that trust breaks down? You are not obliged to stay with the first law firm that you instruct. You can change your solicitor without giving any reason why.
So, if you have started a claim with another solicitor and want to switch to Bolt Burdon Kemp, we can help. Just give us a call or send us a message using our contact form and we can talk about the best way for us to take on your head injury compensation claim.
We can even contact your old solicitor to get the information that we need to transfer your case if you decide that we are the right option for you. Your old solicitors may still be owed something for the time they spent on your case. Again, this is something with which we can help.
Find out more about changing your brain injury solicitor.
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Want to talk to one of our experienced lawyers? We can call when it suits you for a no-obligation, strictly confidential chat.
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