Head & Brain Injury Claims

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. We’re 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 or your child’s fault.

Our head injury solicitors can also recommend carefully chosen care and support partners to help you on the road to recovery. This can be done before your claim is settled.

Meet our Child Brain Injury team

What is a Brain Injury?

The brain is perhaps the most important organ in your body, as it controls everything that you do. Even if one small part of it is damaged, the consequences can be life-altering. A 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. According to the National Institute for Health and Care Excellence (NICE), 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 or brain injury claim.

Why are brain injury claims different?

The brain is an incredibly complex organ that controls our thoughts, memories, emotions, motor skills, senses and every process that regulates our bodies.

A person who has suffered a brain injury may start to feel isolated and/or frustrated by their ongoing difficulties and, if they are able to return to work, this may be a struggle. Meanwhile, their family might find themselves with difficult caring responsibilities.

All human brains are unique and all injuries to human brains are equally unique. Every brain injury claim needs a tailored approach to ensure that the needs of the injured person are met, which is why it is important to have a specialist solicitor, who has experience in dealing with the complexities of brain injury claims.

Brain injuries can be ‘traumatic’ or ‘acquired’

Traumatic brain injuries: These occur as a result of a trauma, or repeated traumas, to the head. Causes of traumatic brain injuries include . Concussion is a mild form of traumatic brain injury; other forms can be moderately severe or severe/catastrophic.
Acquired brain injuries: These are caused by anything apart from trauma. Causes can include hypoxic/anoxic brain injury (an injury due to an interruption to the oxygen supply to the brain) such as from a stroke or heart attack. An increase in pressure on the brain can also cause acquired brain injury – this can be due to brain inflammation from an infection such as meningitis or encephalitis, tumours, brain haemorrhages and more.

Unlike a broken arm or leg, which can be easier to diagnose, some injuries to the brain can be difficult to detect. They are sometimes described as an “invisible injury” or a “subtle brain injury”. Many brain injuries remain undiagnosed despite changes to the person’s abilities and personality.

At Bolt Burdon Kemp, our specialist brain injury solicitors are experienced in dealing with the full range of brain injury claims. If you’d like to discuss a potential brain injury claim with us, contact our team today on 020 7288 4800 or fill out our form and we will contact you at a time that is convenient to you .

Cerebral Palsy and Birth Injury

Child Brain Injury

Young Adult Brain Injury

Delay in diagnosis of brain conditions

Rehabilitation and Support Services

Early Support Services for Our Clients

Why choose Bolt Burdon Kemp?

Head & brain injury claims specialists

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.

No Win, No Fee

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

Rehabilitation & support services

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 work across England and Wales

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.

Highly recommended

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.’

Success Story

Multi-million pound award for pedestrian hit whilst crossing the road

Our client, a young successful professional, was crossing at a pedestrian crossing when she was involved in a collision with a motorcycle. She sustained a severe traumatic brain injury as well as multiple fractures across her body. The claim was settled following mediation for more than £8 million.

Read Story

Meet our Brain Injury Solicitors

Caroline Klage

Head of Brain Injury

Claudia Hillemand

Head of Child Brain Injury

Ipek Tugcu

Head of Adult Brain Injury

Cheryl Abrahams

Partner – Part of the Child Brain Injury Team

Meet the full team

Featured campaign

Returning to work following a brain injury

View the campaign

I would like to take this opportunity to express my sincere appreciation for the exceptional service provided by Claudia, who demonstrated deep empathy and professionalism during a particularly challenging time for my partner and I. Following our traumatic birth experience, her compassionate and personable approach was invaluable in helping us…

– Child Brain Injury client
I really appreciated the way Cheryl Abrahams dealt with my personal injury claim. Cheryl managed my expectations well, was very patient in dealing with my many questions and helped to reassure me when I was anxious. I was treated with dignity and respect. I can't thank Cheryl and her team…

– Mary Ann Monteith, Child Brain Injury client
Kate was superb, she was helpful, kind and sensitive when I needed it. The service was fantastic and definitely exceeded my expectations.

– Patricia Barbosa, Child Brain Injury client
Deepti was superb, very helpful and supportive. She kept me fully informed and up to date. I knew that the process was not going to be easy but Deepti has made it as easy as it possibly could be. I can't fault the service that I received from Deepti or…

– A T, Adult Brain Injury client

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.

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Amazing firm. Ipek, Daria and Elly really heard me and understood my story. It felt like I was really heard for one of the first times ever. They didn’t take my case as they only take on the best! But my goodness this firm is amazing. They really do care. - Laura

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ke Mono

I can say to this point in case they have been there surporting me. Julia very helpful and friendly. And have organised well to get us over the line. We won our part 36 .so technically the case is over. I did take advice from them but feel in my case. it right decision. I realise they are a business and have to earn money like everyone . Everything they said. They would do .. Case took a long time .but I think this quite normal under our circumstances. I have been awarded compensation and im hoping they deal with swiftly and put the cherry on the cake
It is important they make sure this is done after all the hard work they put in and what I had to go through. Julia allways ask me what I wanted to do. Yes she would give me advice but bottom line It my choice.
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I approached this law firm when I needed specialised advice for a medical negligence claim , I would give more stars if I could , not only did they take the case on we also won triumphantly, I want to thank the whole team from Olivia , to Hockman , to molly , the reception staff , every member of that firm I spoke to were extremely professional.
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