Brain Injury

Brain Injury Compensation Claims

According to statistics from the Centre for Mental Health, there are 1.4 million people in the UK living with the effects of a brain injury. (Source: www.parliament.uk). Furthermore, the NHS admitted patient care activity data reveals that acquired brain injury admissions in 2017-18 totalled a record high of 304,800, with head injuries and strokes accounting for the majority of those cases. (Source NHS).

A brain injury can be catastrophic for both the affected person and their family. Depending upon the severity of the condition, life after the injury may never be the same. The physical and mental impacts on both the injured party and their loved ones can be significant and not only that, there can be serious financial implications too, especially where the costs of lifelong care and treatment are to be taken into account.

If you or a loved one has sustained a brain injury due to medical or clinical negligence, then you could be entitled to make a brain injury compensation claim. Here at Been Let Down, our specialist solicitors have settled many medical negligence compensation claims for those who have suffered an avoidable brain injury.

Not all brain injuries are caused by negligent medical treatment. For example, there are inherent risks associated with some surgical procedures which can result in this type of complication. If you believe you have had negligent care that has led to your injury, we may be able to assist you to bring a brain injury compensation claim.

What is a brain injury?

The brain is the most complex and important organ in the human body, containing billions of nerves that effectively control everything we do, including movement, speech, memory and numerous other functions.

A brain injury relates to a physical harm to the brain which causes injury. This can either be through trauma (traumatic brain injury), through a disease or lack of oxygen (acquired brain injury) or a hereditary / genetic condition.

What can cause a brain injury?

A severe brain injury can be classed in one of two ways: traumatic and non-traumatic.

Some of the causes of a non-traumatic brain injury can be:

• Vascular problems — strokes causing clots in the brain, cerebral haemorrhage (bleeding in the area of the brain), subarachnoid haemorrhage (a burst aneurysm)
• Brain tumours, including cancer
• Hypoxia (lack of oxygen), hypoglycaemia (lack of sugars), hyperpyrexia (high fever)
• Meningitis, tuberculosis, cerebral abscess, malaria, encephalitis (diseases)
• Raised intracranial pressure (RICP)
• Misdiagnosis of a condition, leading to brain injury and cognitive dysfunction

Traumatic brain injuries, on the other hand, are due to an external force or blow to the skull.

As specialist medical negligence solicitors, we can assist you in making a brain injury compensation claim if you or a loved one has suffered any form of brain injury and believe the damage was suffered as a result of negligence.

What are the effects of a brain injury?

Where brain injuries are concerned, the health effects can vary considerably, from a minor concussion and headache to long-term sensory or motor problems. As such, the patient’s way of life and quality of living can be adversely impacted. Brain injuries can lead to:

• Weakness in movement or loss of sensation
• Memory loss
• A minimally conscious state
• Problems with vision, taste, smell, hearing
• Personality and behavioural changes
• Loss of movement

Because we have access to an expert panel of neurological and neurosurgical professionals, no matter the effects of the injury, we can deal with your brain injury compensation claim.

What kind of brain injury medical negligence can lead to a claim?

Brain injury medical negligence can come in many forms. It can be due to a failure or delay in diagnosing a condition, surgical errors and mistakes with anaesthetic, to name just a few.

Rest assured that, no matter the cause, our expert team will be fully committed to supporting you or your loved one throughout the claims process. They will work hard to find answers to what caused the brain injury and will keep you updated at every stage. If it is proven that mistakes were made that directly resulted in a brain injury, they will seek to secure you or your loved one brain injury compensation, rehabilitation and new accommodation, if necessary.

Why should I claim for brain injury medical negligence?

These types of injuries can be truly life-changing, and we understand that when you or a loved one is dealing with the after effects, making a brain injury claim may not be a priority. It’s true that no brain injury claim amount can reverse the damage you and your family have suffered, but compensation can help to ease the road ahead.

We will offer you unwavering support and expert advice and, in financial terms, brain injury compensation can help you to cover loss of earnings, nursing and care facilities, adaptations to the home environment, transport requirements, specialist schooling and much more. Not only that, but making a brain injury claim could make a difference in ensuring that this does not happen to somebody else.

How will I know if I have a brain injury compensation claim?

You can make a brain injury compensation claim for yourself or on behalf of somebody else, if the patient lacks mental capacity. Most cases require you to prove that and take into account:

• The standard of treatment given was such that no responsible doctor would have treated you in the way that you were treated. This is referred to as a breach of duty.
• The brain injury was caused or was contributed to as a result of those negligent actions. This is referred to as causation.
• If the treatment practices have changed since your treatment, it is the practices at the time which the doctor will be judged against.

In a court, this would be judged on the balance of probabilities – that it was more likely than not. Brain injury claims may be evaluated by a judge, who assesses the testimony of medical professionals, so you need to be confident that their evidence supports your claim. Your solicitor will examine the circumstances of your case carefully and will put forward the strongest possible case in order to seek the maximum amount of brain injury compensation.

Why should I choose Been Let Down’s brain injury claims solicitors?

We have a team of expert solicitors, all of whom are fully committed to getting you the compensation you deserve and are recognised as experts in their field. We have a successful track record of representing clients in serious brain injury claims, and we will support you right the way through the process. Our relationship will not end upon the closure of your claim – we believe in being there for you whenever you need us.

It’s also likely that we will consider your case on a No Win No Fee basis, which means you’ll receive the very best legal representation without taking any financial risks, and that includes a free initial consultation.

We will take into account every aspect of a patient’s life that has been impacted. By allowing us to handle the brain injury compensation claim for you or your loved one, you can be assured we will offer the best chance of regaining as much quality of life as possible.

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How do I start the process of claiming for brain injury medical negligence?

We fully understand that brain injury compensation claims can seem complicated and daunting, especially when you’re already coming to terms with the injury itself. That’s why we’ve made the process as straightforward and stress-free as possible.

If you think you have been the victim of brain injury medical negligence, you can make an online enquiry or simply get in touch with our team of expert advisors. From there, we can set up a no-obligation meeting where we’ll discuss the circumstances of your claim. We’ll subsequently help you to collect evidence and examine your chances of putting together a successful case, maintaining total honesty and transparency at all times.

We’ll look to keep any legal jargon to a minimum, ensuring our communication with you is clear and concise at all times, allowing you to focus solely on your day-to-day needs while we take care of your brain injury compensation claim.

How much can I receive in brain injury compensation?

It is difficult for us to provide a straightforward answer to this question, as no two brain injury claims are ever the same. The amount of compensation you may receive will depend on several factors, including the seriousness of your injury, how it has affected your life and any financial implications you have had to contend with as a result.

We take the majority of cases on a No Win No Fee basis, so even in the unlikely event that your claim loses, there will be no cost to you, except in exceptional circumstances. If we are successful in securing compensation for you, then we will be paid a fee as a proportion of your brain injury compensation.

Is there a time limit on serious brain injury claims?

Usually, you will have three years from the date of your brain injury – or when you were aware of the injury – to make a claim for compensation. However, you may be entitled to longer if you’re claiming on behalf of someone who lacks the mental capacity to do so as a result of their injury.

Furthermore, parents or guardians can make a brain injury compensation claim for a child before their 18^th birthday. Once that person reaches 18, they will have until their 21^st birthday to make a claim.

However, despite the time limits, we would encourage you to make a claim as soon as possible as investigating the claim and obtaining the right evidence can take time.

Will I need to go to court during my brain injury compensation claim?

The chances are that your brain injury compensation claim will not require you to appear in court. Of all medical negligence cases in 2018-19, data from NHS Resolution shows less than 1% went to a full trial, while more than 70% were resolved without formal proceedings.

However, even if your case does go to court, there’s no need for you to worry. We’ll be by your side throughout, guiding you expertly through the process, so you can have the peace of mind that your case is in good hands.

We’re here to help with your claim for brain injury compensation

If you have been a victim of a brain injury caused by medical negligence get in touch with our team of expert solicitors as soon as possible. You can also make an enquiry online, phone us or ask for a call back at a time that suits you.

A member of our experienced, friendly team will listen to you to understand your situation, arrange a consultation and then examine your chances of making a successful brain injury claim. We will offer unwavering support and guidance throughout the process, so you can be confident that you’ve come to the right place in Been Let Down.

Contact us today 

Get in touch today and find out how we can help with your case for brain injury compensation.

Please call us on 0800 234 3234 or contact us and a member of our legal team will call you back.