Why bring a brain injury claim? | Bolt Burdon Kemp Why bring a brain injury claim? | Bolt Burdon Kemp

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Brain Injury

Why bring a brain injury claim?

A brain injury can completely change a person’s life, causing permanent changes in their personality and their physical and cognitive abilities. They may no longer be able to work, require rehabilitation and have lifelong care needs. Claiming compensation can’t turn back the clock but it does have many benefits, financial and beyond.

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If you or a loved one has sustained a brain injury and it was caused or through an accident, you can bring a compensation claim. But, claiming compensation isn’t only about securing a financial settlement.

Bringing a brain injury claim can have wide-reaching benefits to yourself and others, as we outline below:

It can help you return to work

Sustaining a brain injury can affect your ability to work.

While every individual will have a different experience of the lasting impact of their brain injury, most people may find it can affect their concentration and attention levels, short- and long-term memory, and their ability to organise and plan. You may also find that concentrating for long periods of time causes you to become easily fatigued or overwhelmed. This can make work environments challenging and potentially even unsafe.

After a brain injury, you may find that you’re not be able to return to your old job, or even to work at all. Your compensation claim can help to cover any loss of earnings you experience because of this, the future earnings you’ll miss out on, and any promotion prospects you may now miss. If you’re no longer able to work, you can also claim for loss of pension rights.

Compensation following a brain injury can also fund a vocational case manager. Their job is to support you in your return to work, whether you’re returning to your previous job, taking on a new role in the same sector or finding a completely new job more suited to your new abilities.

You can access rehabilitation and support

People with brain injuries will typically need some form of rehabilitation that caters to their individual needs. You may need physiotherapy, occupational rehab, speech therapy and/or psychiatric care on your journey to recovery or adjustment.

Once your compensation has been paid, you’ll have the funds to access all the support you need. But, because we understand that prompt access to quality rehab and support services gives you the best chance of the biggest improvement, we go one step further. Rather than waiting until your claim has been settled, we take proactive steps to connect you with the right people to get you the initial help you need, straight away.

It can mean organising joined-up care

Damages won through a brain injury compensation claim can cover the costs of employing a specialist brain injury case manager – someone who oversees and manages your care. They’ll prepare a treatment plan designed to meet your specific health, social and emotional needs. This is known as ‘joined-up care’, and it makes it easier for health and social care professionals from different services to work together. In effect, you’ll have a team of specialists working with you, allowing you to get the best possible care.

It can cover the cost of care provided by loved ones

Family and friends will often be closely involved in providing care as you recover. If they do need to do so on a regular, voluntary basis, the value of that care can be included in your compensation. This is to cover their time plus any loss of earnings they experience while taking time out of work to care for you.

Caring for a loved one can be difficult and exhausting, and a complete change from the life they’re used to, and the type of relationship they were used to having with you. This is why it’s helpful that you can also claim for the cost of employing professional care workers to either support your loved ones or provide your regular care. Hiring outside help can also be incredibly beneficial in helping provide balance in the home.

You can get peace of mind

When a family is impacted by a brain injury, it can leave a lot of uncertainty. Bringing a claim can provide you peace of mind that your loved one’s lifelong needs are met.

This applies equally if you’re the one with a brain injury and are worried about how your dependents will cope with the associated costs and caring commitments; or, if a loved one has a brain injury and you’re worried about who will look after them when you’re no longer around. This can be especially important if it is your child who has been injured and they are likely to outlive you.

It could result in preventing further injuries

Whether your brain injury occurred as a result of medical negligence, or due to an accident, it’s important that lessons are learned so the same thing doesn’t happen to someone else.

Bringing a claim will require the party against whom you are bringing a claim – whether that is a healthcare provider, employer, local authority or so on – to examine their procedures and establish what went wrong. If improvements are made because of this, it’ll help protect the future safety of others.

Understanding what led to your injury will also provide you and your loved ones with answers, which could help you move forward and focus on your future.

How much is a brain injury claim worth?

While compensation will never make up for the devastating impact of a brain injury, it can cover financial losses and the costs of the services we mentioned above. That said, it can be difficult to specify how much your brain injury claim will be worth, as every case will be different and there are various factors that come into play.

Your compensation will be assessed using three categories:

  1. Damages for pain, suffering and loss of amenity

Known as general damages, this is compensation for your actual injury. The amount will depend on the severity of your brain injury, and the effect it has on your day-to-day life. General damages are based on guidelines published by the Judicial College.

  1. Damages for financial losses incurred prior to the settlement of your claim

This is to compensate for the financial losses and expenses that you’ve incurred to date as a result of your injury. Examples of what you can claim for include:

  • Loss of earnings
  • Private medical or therapeutic expenses
  • Value of help provided by family or friends, including their loss of earnings
  • Professional care
  • Aids and equipment
  • Adaptations to your home
  • Travel expenses incurred by you and your family
  1. Damages for future losses and expenses

The largest part of the damages will be to provide for your future. It covers things such as future earnings, outgoing expenses and cost of care.

Find out everything you need to know about what you can expect when making a claim by contacting us for a no-obligation conversation. We have a team of specialist solicitors with a wealth of experience in adult and child brain injury claims who can advise you on whether you have a case.

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