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Traumatic Brain Injury Claims
Our Resolve. Your Resolution.
Traumatic brain injury claims require specialist handling to ensure that families are supported throughout the claims process and maximum compensation is obtained.
Traumatic brain injuries can be caused in a number of ways, including:
Whatever the cause, we can advise you. We are always available to discuss your particular circumstance and provide free and practical advice about how we can best assist you with a claim.
The symptoms of traumatic brain injury can be life-changing. Making a legal claim should not add to that burden and we strive to ensure the claims process is dealt with efficiently and compassionately. We pride ourselves on offering a personal and professional service tailored to you.
What our clients say
Why choose Harrowells?
We are committed to helping you move forward with your life by drawing on our considerable expertise in supporting complex medical negligence and serious injury claims.
We understand that a claim is much more than process and evidence. It is a journey where we need to provide guidance and support at every stage.
You may feel wary and confused in the immediate aftermath of your injury. We can bring clarity about your options and next steps with clear, practical explanations.
We have a track record of securing successful outcomes because we take care to marshal specialist legal and medical expertise appropriate to your situation.
Traumatic brain injury is caused by an external force, often to the head, that injures the brain. This can be caused by:
Traumatic brain injury can vary in severity, from a mild concussion, headache, dizziness, to a more serious brain injury including seizures, slurred speech, vomiting and behavioural changes.
Traumatic brain injury symptoms can sometimes improve on their own, and people can recover within a few weeks; or they can cause permanent symptoms.
Treatment for traumatic brain injury depends on the severity of the injuries.
Mild symptoms are treated with rest and pain medication.
More severe symptoms of traumatic brain injury require emergency surgery, sometimes to release intracranial pressure.
Often treatment for traumatic brain injury takes the form of rehabilitation and therapy. Treatment here focusses on managing symptoms and restoring function through:
When medical treatment causes injury because the care provided was below a reasonable standard, it may be possible to pursue compensation. That compensation can reflect both the injury suffered and the financial consequences that follow.
To bring a medical negligence claim successfully, it is usually necessary to prove two points.
First, that the care or treatment fell below an acceptable standard. This may happen where:
Second, that the negligent treatment caused injury. This may involve either a new injury or an aggravation of an existing condition.
If you are worried that your treatment was not of the required standard, or you would like further guidance, our medical negligence team can discuss your circumstances with you.
During the course of your claim, we continue to assess its prospects so that any issues concerning liability or settlement can be brought to your attention promptly. Open and transparent communication allows you to understand the position clearly and make informed decisions about the next steps in the case.
The objective of compensation is to restore you, as nearly as possible, to the position you would have been in had the negligence not happened. This includes compensation for the injury itself and for financial losses already experienced or expected in the future, including treatment and care costs that may support rehabilitation.
There is no standard formula for assessing loss in these cases, as the appropriate value will depend on your individual circumstances and needs.
If your claim is successful, compensation can offer financial help as well as access to advice on treatment, rehabilitation, and practical measures to aid your ongoing recovery.
The process usually begins by contacting solicitors specialising in traumatic brain injury claims and asking them to assess your case. Because the advice is tailored to your individual circumstances, you can decide in an informed way whether you want to proceed.
Once a solicitor has been formally instructed, they will start the pre-action stages of the claim. This includes gathering the evidence needed to support liability, causation, your injuries and your prognosis.
After the relevant evidence has been obtained, negotiations will be pursued with the defendant’s representatives on responsibility and the amount of compensation.
If settlement discussions do not succeed, we will consider whether formal court proceedings are required.
We manage traumatic brain injury compensation claims through a ‘no win, no fee’ arrangement, allowing you to seek fair compensation without taking on unnecessary concern about legal costs. Formally known as Conditional Fee Agreements, these arrangements are intended to reduce the financial risk of bringing a claim and make the process available to more people. If the claim is unsuccessful, you will not have to pay our fees. There is more detail about funding in the Frequently Asked Questions further down this page.
We understand that you will want to move on from this situation as soon as you can, and the process of bringing a claim may feel daunting. A strong representative will take the strain of the claim off your shoulders, enabling you to focus on your recovery from injury.
The Claims Process
Free, no obligation initial assessment of your claim and funding options
Speak with our experts so that we can better understand your current situation and assess the legal basis for resolving your claim, likely prospects of success, and options for funding your case from the outset. We will provide guidance and support from the outset.
Detailed preparation of your claim by legal and medical experts
We gather together the evidence from a range of sources including your medical records and treatment history, information about any financial loss or other impacts, together with input from independent medical specialists who are experts in their particular field.
Engage with the defendant’s lawyers
With evidence in hand and having kept you fully informed about case progress and intended approach, we engage with the defendant’s lawyers to focus on the key issues, evidence and legal arguments most likely to yield a successful outcome for you.
Valuing your claim and negotiating with the defendant
If we are satisfied that the medical evidence is supportive of your claim, we will use this to value your claim. We will enter negotiations with the defendant and support will be given throughout to provide you with the confidence to give instructions on any settlement.
Settlement or court proceedings
Upon settlement, your compensation will be paid to us, and we will release your payment to you. Sometimes court proceedings may be necessary; we ensure your case is presented clearly and compassionately so that the full impact is fully appreciated by the court.
Compensation and support
Resolution is not simply about compensation but also about building a package of ongoing support for you and for your loved ones. We work closely with rehabilitation professionals who can assist you following resolution of your claim.
FAQs
How long does a traumatic brain injury claim take?
The time a claim takes will vary according to the facts of the case. Important factors include the availability of independent experts, the complexity of the allegations and whether the defendant is ready to discuss liability and settlement. The process is governed by the Civil Procedure Rules and the clinical disputes protocol, which encourage the parties to exchange information and try to resolve claims without a trial.
Where there are difficult medical issues or several experts are needed, the investigation can be lengthy and some claims take years to conclude.
A further point to remember is limitation. In most cases, the deadline to issue proceedings is 3 years from the alleged negligence or from the date of knowledge.
Do you offer no win no fee for traumatic brain injury claims?
If we review the claim and consider that its prospects of success are above 50%, we may be able to act under a Conditional Fee Agreement, which is commonly known as no win, no fee. If the claim succeeds, our costs are usually recovered from the defendant. If it does not, our fees are generally written off.
On a successful outcome, a success fee and any shortfall in recoverable costs may be deducted from your compensation.
Other expenses, such as expert fees and court fees, are separate from the Conditional Fee Agreement, so we will consider suitable insurance or other funding where needed.
Our team can explain the available funding options in a free initial discussion.
What evidence is needed to make a traumatic brain injury claim?
We would usually begin by obtaining your medical records and taking a witness statement setting out the relevant events.
Independent experts then review that evidence. The reports often include:
Breach of duty and causation
This report examines whether the treatment was negligent and whether that negligence caused or contributed to your injury. It is normally prepared by an expert in the same field as the care being criticised.
Condition and prognosis
If supportive liability evidence is obtained, we then seek expert evidence on your injuries, the recovery period and the likely long-term position. Several reports may sometimes be required.
We will also gather evidence of any financial losses resulting from the negligence so the claim can be valued correctly.
Are there time limits to bringing a traumatic brain injury claim?
Yes. The usual rule is that proceedings must be issued within 3 years under the Limitation Act 1980. If the deadline is missed, the claim may not be allowed to continue unless the court grants permission.
Circumstances that can affect the date include:
Will I need to go to court to make a traumatic brain injury claim?
Not necessarily. Many cases settle without a hearing, and where appropriate the parties should try to resolve the dispute without court proceedings.
If liability or the amount of compensation remains disputed, court action may be required. The claim will then proceed under a court timetable, with trial as the final stage if no settlement is achieved first.
Can I bring a traumatic brain injury claim on behalf of someone else?
It may be possible to do so where the injured person is a minor, lacks capacity or has died. Because the correct procedure depends on the circumstances, it is best to obtain advice on who should act.
How much compensation can be claimed for traumatic brain injury?
The amount recoverable depends on expert evidence regarding current condition and prognosis. That evidence helps assess the seriousness of the injury and the impact it is likely to have over time.
Evidence will also be needed for financial losses, which might include time away from work, treatment expenses and care needs.
It is not usually possible to put a final figure on the claim at the outset because specialist investigation is needed to ensure that all past losses and future needs are included.
As the case moves forward, our team will keep you informed about the valuation of the claim.
How is traumatic brain injury claim compensation paid out?
Once the case has settled, or the court has given judgment, the defendant will normally have 14 days to pay the compensation.
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