Head & Brain Injury Claims

Brain Injury Claims FAQs

• How common are brain injuries?

  Living with the impact of a brain injury is not as rare as you might think. In fact, in a Parliamentary debate in 2020, it was noted that there are as many as 1.4 million people who do so on a daily basis. The University of Cambridge has highlighted a report from the 2022 Lancet Neurology Commission, which refers to traumatic brain injury as a “major global health problem”, with 55 million people worldwide suffering from one.

  Not everyone will suffer a head injury in an accident but it does highlight that brain damage and head injuries can easily occur.

• What are some of the causes of brain injury due to accidents?

  Accidents causing brain injury and consequent claims can happen anywhere, and the impact required to cause a traumatic head injury can be relatively mild.

  Most of those that were caused by someone’s negligence occurred on the road or in the workplace, or due to an accident in a public place.

  Road Traffic Accidents

  Sadly, many people suffer brain injuries because of accidents on UK roads every year. Occupants of motor vehicles (drivers and passengers), motorcyclists and cyclists are commonly injured. Pedestrians are also vulnerable to being injured on UK roads.

  Seatbelts and helmets can limit the extent of a person’s injuries in many circumstances, but failure to wear a seatbelt or a safety helmet does not mean that an injured person can’t claim brain or head injury compensation for their injuries.

  Accidents at Work

  Many people are unnecessarily injured in ‘higher-risk’ occupations, such as manual or construction jobs. Perhaps surprisingly, a lot of people also suffer brain injuries in office or retail environments.

  Accidents in a public place or on private property

  Sometimes, people suffer brain injuries on public or private property. Trips and slips are common causes of head and brain injury claims and, although these are sometimes unfortunate accidents, there are occasions where the public authority is responsible for the area or the private property owner/homeowner has failed to maintain a safe environment.

  Assaults

  Unfortunately, people sustain head and brain injuries because of a criminal assault. Although the amount of compensation that victims of brain injury from assault can receive from the Criminal Injuries Compensation Authority is capped, the sums awarded can still be life-changing for somebody who has survived their head injuries.

  Sports related injuries

  Head injury is a relatively common occurrence in some sports. Football, Rugby and Boxing have all  for their procedures in managing head injuries sustained during participation in sport. In circumstances where the correct safety measures have not been followed, there may be a basis for a brain or head injury claim.

• What are some of the causes of brain injury claims due to medical negligence?

  Many of our head injury lawyers have handled cases involving negligent medical care. Some common causes include:

  Delay in receiving a diagnosis and/or treatment

  Conditions such as strokes and brain haemorrhages can cause severe brain injury. If the appropriate treatment is delayed, sometimes even for a matter of hours, a patient may be left with brain injury problems that would have otherwise been avoided.

  The same is true for brain infections, such as meningitis or encephalitis – which can cause devastating injury to the brain if treatment is delayed unnecessarily.

  Other situations where delay in diagnosis can lead to a brain injury:

  • Delays in paramedics attending patients and/or delays in conveying them to hospital
  • GP delays in referring somebody with concerning symptoms to a specialist (the person may have potential medical conditions, such as a brain tumour, hydrocephalus or stroke)
  • Delays in recognising and treating specific vitamin deficiencies (such as Vitamin B1, thiamine) which can lead to a specific type of brain injury. Thiamine deficiency can occur following gastric band surgery and, if left untreated, it can lead to Wernicke’s encephalopathy and Korkasoff syndrome.
  • Delays in emergency or urgent treatment following a head trauma, such as when a head trauma causes a patient’s brain to swell or a bleed in the brain.
  • Delays in diagnosing and treating pre-eclampsia in pregnant women. If this serious condition progresses, the mother may develop fits called eclampsia, which can cause lasting damage to the brain.

  If you or someone close to you has experienced any of the above at the hands of medical negligence, you could have a valid brain injury compensation claim.

  Brain injury during surgery or other medical procedures

  The most common cause of brain injury during surgery is the restriction of oxygen to the brain while undergoing a procedure, usually under anaesthetic. Careful monitoring of a patient’s vital signs during a general anaesthetic is crucial importance as any delays in responding to a lack of oxygen to a patient’s brain may result in irreversible brain injury.

  Another type of medical procedure that can sometimes lead to brain injury is the insertion of a central line (central venous catheter), which is used to provide medication, blood and IV nutrition to patients. The procedure to insert the central line can result in complications because of poor technique. Complications can include heart attack and injury to arteries, which, if not recognised and treated quickly, can lead to brain injury.

  Undergoing surgery to the brain (neurosurgery) will always carry a risk of brain injury and often, when this happens, there has been no negligence. However, brain injuries can be caused due to a substandard neurosurgical procedure.

  Medication Errors

  Examples of medication errors that may lead to a brain injury include prescribing an inappropriate medication for a patient or giving too high a dosage. Inappropriate administration of medication can lead to things like heart attacks and seizures, which can cause hypoxic brain injury because of restricted blood flow to the brain.

  Conversely, a failure to prescribe or administer medication can also lead to brain injury – for example, stopping blood-thinning medication or failing to prescribe blood-thinning medication at all. This can lead to blood clots forming which may cause a stroke.

  If you are concerned that you or a loved one has suffered injury to the brain as a result of clinical negligence, contact one of our brain injury solicitors today.

• How do I make a brain injury claim?

  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:

  1. Get in touch

  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.

  2. Funding options

  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.

  3. Rehabilitation 

  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.

  4. Obtaining records

  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.

  5. Expert opinion

  If the records support your claim, we’ll ask medical and/or accident reconstruction experts to prepare reports about the case.

  6. Letter of claim

  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.

• Can I make a claim on behalf of someone else?

  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.

• What are the time limits for brain injury claims?

  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.

• How much brain injury compensation could I receive?

  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.

• Who will pay my legal fees?

  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.

• How else can Bolt Burdon Kemp help?

  Protecting your means-tested benefits

  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.

  Advice on investing your compensation

  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.

  Rehabilitation

  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.

• What if my claim is unsuccessful?

  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.

• What can I do if I’m not happy with my solicitor?

  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.