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Brain Injury Claims
If you or a loved one has been affected by a brain injury, we are here to support you. As Specialist Injury Lawyers, we understand that this will be an incredibly traumatic time; and for this reason, we will shoulder as much of the responsibility as we can and allow you to focus on the important things.
Being affected by an injury to the brain can have a lasting impact on the lives of the injured person and their family in many ways. In the most serious cases, such injuries can lead to physical problems with movement, balance and speech, and also impairments such as poor memory, limited attention span and personality changes. As brain injury solicitors, we understand how such changes can dramatically alter the lives of those affected and we are here to support you in making a brain injury claim. Call us today on 0800 195 95 90 to discuss your case with a member of our expert team.
When making a brain injury compensation claim it is important to consider the ways that you have been affected by the accident. Strict time limits apply to making a personal injury compensation claim so please seek expert legal advice as soon as you think you may have a valid case.
It is important to provide us with as much information about the accident as you can. We understand this may be difficult as you will have been through a very traumatic experience, but this should contain as much detail as possible, even things that you may initially think are insignificant.
We understand that you may not be in a position to pursue a claim at such a difficult time and that researching and instructing solicitors to act for you may be the last thing you feel like tackling but starting your brain injury claim will to many be seen as a positive step towards recovery.
In these type of cases, our team would generally speak to a family member, appointed by the injured person to pursue the case on their behalf (known as a litigation friend). We can talk to the appointed person through the process of making a claim and explain in more detail, how we can help along the way.
We have many years of experience pursuing brain damage compensation on behalf of claimants and their families and have the expertise required to ensure a positive outcome and an appropriate level of a financial award to secure your rehabilitation and needs.
Serious Injury Compensation Case Study
The severity of a head injury can vary greatly; ranging from cuts, bruises and fractures to the most serious cases of paralysis or acquired brain injury. For more information on making a paralysis claim, click here.
Head injuries can be sustained in any number of accident, whether it be at home, on the road or at work. If your injuries have been caused by the negligence of another, our team are here to provide you with the advice you need.
The severity and impact of a head injury are often difficult to diagnose initially, and precautionary steps are always advised in relation to the medical attention you seek. We work alongside medical professionals and instruct an expert to provide an independent assessment to ensure our clients are compensated fully for their injuries and have access to any medical treatment or rehabilitation that they may require.
We are here to support you whether your case involves a clear-cut claim for damages or a complex one that requires future care and rehabilitation arrangements.
With a team of solicitors who are dedicated to brain injury claims of this type and will utilise every aspect of their expertise, we will recover the maximum financial award for the injuries you have sustained. In any case, we will also work to ensure that you are not only fully compensated for the injuries sustained, but also for any other unexpected expenditure too.
When dealing with claims for brain injuries we also bear in mind how the accident has affected your everyday life, career, relationships and the lives of those around you. Examples of what can be claimed for, include:
- The physical injuries you have suffered and the lasting effects of these
- Loss of earnings due to being unable to work, or work at a limited capacity, as a result of the injuries you have suffered
- Unexpected expenses incurred as a result of the injuries you have suffered
- The costs for future care and rehabilitation
- Mobility aids and home modifications
For more info on making a head injury claim that hasn’t affected the brain click here.
How Long Can A Claim For A Brain Injury Take?
The length of time a case can take depend entirely on the type of injury sustained, but one of our senior team will be happy to discuss your claim to explain how we can help and how long we expect the claim to take.
During the course of your claim, you may require special medical attention and rehabilitation alongside other supporting services which may add to the length of time, all of which will be discussed with you and those supporting you. No matter how long it takes, one of our senior team will always be on hand to answer any concerns that you may have regarding your claim or your injuries.
Injury claims generally need to be made within 3 years of an accident. There are exceptions to this which apply to children under the age of 18 (who will have 3 years from the date of their 18th Birthday to bring a claim) and cases involving a person with severe brain damage.
In the case of severe brain injury, the court may decide that the normal time limits do not apply. This should not be relied upon and specialist legal advice should be sought from a lawyer with experience in this complex area.
Acquired Brain Injury
According to the Brain Injury Rehabilitation Trust, National statistics from 2013/14 indicated that almost 349,000 people in the UK were admitted to hospital with an acquired brain injury and that at least one million people were living with the long-term effects of it.
There are many potential causes; amongst the most common causes are road traffic accidents and falls where a blow to the head is sustained. The long-term effects of brain damage vary widely and the impact of the injury on family life can be challenging for everybody with so many changes to cope with. Changes to personality, emotions and behaviour can be particularly difficult to face and a great deal of uncertainty can be experienced during this traumatic time.
Smith Jones Solicitors are proud to support Headway – the brain injury association. Headway is a charity that aims to promote understanding of all aspects of brain injury. In doing this it provides information, support and services to survivors of an injury to the brain, their families and carers. Smith Jones became corporate members to formally support the work that they do.
Finding the right solicitor to support you throughout your case is an extremely important decision. In addition to securing compensation, they will help and support in many different areas, bringing with them a wealth of experience from past cases. The right solicitor will be up to date will all the latest developments in rehabilitation and assistive technology and will work alongside a trusted network of case management professionals to provide constant expert assistance in managing finances and care. Your solicitor should also campaign for the provision of interim payments to ease the financial strain following an accident.
Our Commitment to Improving Lives
In addition to assisting those affected by head and brain injuries in claiming compensation, we are also committed to improving the lives of those affected. Our team have extensive experience working alongside brain injury case managers and other professionals responsible for protecting the client’s best interests throughout their rehabilitation. Over many years, we have established strong working relationships with these professionals to ensure cases involving a serious injury can move forward in the most efficient way possible to support the client’s recovery. This is highlighted by our role in backing the launch of ‘The Serious Injury Guide’.
In June 2016, in his capacity as Vice President of APIL, Brett Dixon was invited to speak at the APIL ‘Advanced Brain and Spinal Injury Conference’. Brett provides training to other leading lawyers in this area and explains the importance of sharing expertise with other professionals such as medical consultants, scientists, and experts in fields as diverse as spinal cord rehabilitation, cycle helmet safety, brain imaging, traumatically induced strokes, technology developments to assist injured people, and sports injuries.
In an article about his role, Brett explains ‘Injuries come in all shapes and forms and can occur at any time whether you are at home, out walking or at work. The most difficult to deal with for the injured person, and their family, are those that are catastrophic in nature. In these situations, a lawyer’s skill set is crucial; they need to have a detailed, technical ability in the law, as well as an understanding of the immediate and ongoing needs of the injured person and their family. More so than in any other area, it is important that a lawyer is up to date and knowledgeable in order to handle the case effectively.
That is why Smith Jones, along with myself, are committed to sharing expertise. Without this, or keeping up to date on all the developments in the area, we could not serve our clients at the level that is needed and deserved.’
If you would like to discuss a head injury that you have been affected by, we are here to help you. Call us on 0800 195 9590 to talk to one of our expert solicitors. We are available 24 hours a day, 7 days a week and are ready to take your call.
Corporate membership of Headway, the brain injury association, is a way in which we uphold our commitment to providing the best and most efficient service we can to the victims of an injury to the brain. Our senior team also includes a lifetime member of Headway who has been an active member of the charity since 1993.
Lexcel is the Law Society’s legal practice mark for excellence in legal practice management and client care. Smith Jones has gained this accreditation for its adherence to the highest standards of client care and practice management.
The Law Society also offers accreditation for solicitors who meet the best standards of practice in technical expertise and client service in personal injury law. This independent accreditation scheme has provided Smith Jones with recognition for undertaking personal injury work.
The Association of Personal Injury Lawyers (APIL) has been fighting for the rights of injured people for over 25 years. Smith Jones Solicitors have gained APIL Accreditation for its work and dedication to changing the law, protecting and enhancing the access to justice and improving the services for victims of personal injury. Our own Consultant solicitor, Brett Dixon recently became the President of the association; testimony to the calibre of expertise within the Smith Jones team.
Smith Jones are also proud members of the Motor Accident Solicitors Society, who aim to promote the highest standards of legal services in bringing justice to the victims of Road Traffic Accidents.
Can I Apply For Interim Payments?
Compensation for Brain Damage can take several years to resolve and as such we will apply for interim payments at an early stage in the claim wherever possible to ease the financial strain you may be experiencing as a result of your injuries. Any early payments you receive throughout your case will then be deducted from the final compensation awarded. Interim payments are common in high-value cases to prevent the injured person from enduring any additional hardship as a result of their accident.
As brain injury lawyers, Smith Jones was involved in the launch of ‘The Serious Injury Guide’, a publication by the Association of Personal Injury Lawyers (APIL) which allows claimant and defendant firms to secure the best outcomes for victims of serious personal injury. By reducing the time taken to establish who is at fault, we can ensure interim funding is in place from the outset, meaning that clients will have adequate support throughout the rehabilitation process.
What are my funding options?
There is no upfront commitment to pursuing justice through Smith Jones Solicitors, which means that there is no financial risk to you. After suffering a serious injury, financial difficulty should be the last thing you worry about and so we will always endeavour to obtain interim payments wherever possible to ease any unnecessary burden you may face at an already distressing time. Our legal fees will be requested upon conclusion of the case and receipt of your compensation, but you will retain the majority of your settlement to ensure that you are in a position to continue life as you would have had the injury never occurred. As with all serious injuries, we would invite you to call and speak to a member of our senior team regarding the funding options available.