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Brain Injury Claims

Read our free 5 point guide to why brain injuries and accidents occur and what you could do following a brain injury.

Any head injury can potentially lead to brain injuries in addition to any damage to the structure of the face, such as abrasions, cuts or scratches. Brain injuries can occur through the head being struck hard enough that the brain strikes the inside of the skull with sufficient force to damage cells within the brain (neurons) or when the skull is broken and the brain is directly damaged. Brain injuries (also often known as brain damage) can result from a wide range of accidents, from road traffic accidents to accidents at work or even medical malpractice. Brain injuries are some of the most serious injuries you can suffer. There are a huge range of brain injuries, each with specific difficulties for you to overcome. No matter what the cause of your accident, you are likely to need help dealing with the complexities of your brain injury claim.

If you or a loved one have suffered a brain injury and it was someone else’s fault, you are likely to be entitled to compensation. Call us on 0121 565 4317 or claim online to arrange a free, no obligation call to discuss the details of your case. Our expert team of personal injury solicitors take the time to listen to your story and to fully understand the exact circumstances of your accident, the full extent of your injuries and the impact it has had, and continues to have, on your life. Taking the time to properly understand your unique situation means that we are able to give you the most accurate advice possible, including the likelihood of winning your case and the amount of compensation you can expect to receive.

5 Common Accidents Leading To Brain Injuries Claims:

Although any injury to the head can lead to brain injuries, some are more likely than others.
Below is a list and guide to the 5 main reasons why people have brain injuries.

  • 1. Falling Accidents
    Falling accidents leading to brain injury are those where you have tripped, slipped or fallen and struck your head or developed a brain injury in some other way as a consequence of your fall. Falls from a height (such as from a ladder or scaffolding) are more likely to lead to a brain injury claim than those where you have tripped on uneven paving, but your claim is assessed on the injury you have sustained and the impact it has had on your life, not how the accident happened. Provided you can prove that someone else should have taken action to prevent or mitigate your accident and didn’t, you will be able to make a claim.

  • 2. Road Traffic Accidents
    Road traffic accidents are another common source of brain injuries. Some road users are more likely to be at risk of a brain injury than others and, those groups are also likely to suffer more serious brain injuries. With the almost universal use of seat belts, drivers and passengers in a car or taxi are less likely to suffer severe brain injuries, although more minor brain injuries such as severe concussion or compression are more common. Pedestrians and cyclists are considerably less well protected and may suffer severe brain injuries even from relatively minor accidents. Motorcyclists are very much at risk of brain injury in the event of an accident, as a result of their relatively unprotected state (although motorcycle helmets have been steadily improving to reduce this risk) and higher speeds put them in a high risk category.

  • 3. Accidents At Work
    Many serious accidents leading to brain injury occur in the workplace. This could be due to being struck by faulty machinery or other hazards within the work environment. Making a brain injury claim for a work accident can be slightly more straightforward than other brain injury claims as your employer has a legal duty of care to protect your health and safety. As a result, it can be easier to demonstrate that they have failed in this duty of care and thus to prove liability. It is also worth noting that all employers must have insurance to cover workplace accidents and thus we would be working with the insurance company rather than the employer themselves.

  • 4. Accidents Involving Falling Objects
    All heavy or loose objects stored at a height must be stowed safely and secured appropriately. If you are struck by an object falling from above, you are at risk of a brain injury. Such accidents are also often compounded with a second impact to your head as you fall to the floor, increasing the risk for a brain injury. If another person has not taken sufficient care to prevent their possessions or equipment falling and causing you a brain injury, you may be able to make a brain injury compensation claim.

  • 5. Medical Malpractice
    Medical malpractice leading to a brain injury is thankfully very rare. It does happen, however, and it is important that you receive the compensation you deserve if it happens to you or to someone you love. Common medical malpractice issues leading to a brain injury can include:

    • A failure to adequately monitor the mother and baby during delivery, leading to brain injury to the child.

    • A failure to monitor and control oxygen levels during sedation (being put to sleep for an operation), leading to a loss of oxygen to the brain and subsequent cell death.

If your accident is not covered by this list, don’t worry. If you have experienced an accident which has led to you developing a brain injury and someone else was at fault, you are highly likely to be able to make a claim for compensation.

Can I Make A Brain Injury Claim On Behalf Of Someone Else?

Normally, all personal injury claims should be made by the person who has sustained the injury. In cases of brain injury, however, the person who was injured may no longer have the ability to make a claim themselves. If your loved one has suffered an accident leading to severe brain injury or death, you may be able to make a claim on their behalf. Claims made on behalf of another person in this way are slightly more complex than those made by the victim themselves and will almost always require the assistance of a solicitor.

When making a claim on behalf of someone else, it is important to make sure that you are claiming for the full range of adjustments and entitlements. This can include the costs of any carers (including respite care for you if you have had to become a full time carer), any adjustments that may have to be made to their home to facilitate their care and the loss of financial support if they were in work and you were financially dependent on them.

If you would like to discuss the full range of options open to you in making a brain injury claim on behalf of a loved one, call us on 0121 565 4317 or fill in our online claims form. Our dedicated team of expert brain injury solicitors will discuss your case with you to make sure that we are able to give you the personalised advice you need.

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Compensation Amount For Brain Injury Claims?

It is not possible to give estimates for how much compensation you can expect to receive following your brain injury compensation claim without knowing the unique details of your case. This is because only part of the compensation you receive is based on the nature of the injury you receive.

Compensation in all personal injury claims is made up of several factors. The first relates to the nature of the injury itself and is designed to compensate you for the pain and suffering you have experienced as a result of your injury. The amount of compensation you might receive for this is set by the Judicial College (a national governing body) and is in broad ranges. The ranges are deliberately very wide, to allow for the huge variation in injuries and prognosis (the likelihood of getting better). Very minor brain injury might attract compensation in the range of £1760 to £10,180. For the most severe cases, however, this could rise to as much as £322,060. We would work with your medical team to discover where your injury fits on this scale and to provide evidence to support it.

The other part of your compensation claim comes from the costs and losses you might have suffered as a result of your accident and brain injury. These might include having to make changes to your home (or even having to move to a new, more accessible, home), employing a carer to look after you and any other costs associated with your care and rehabilitation. If you are unable to work as a result of your brain injury, or if you have to change careers, you may also be able to claim for loss of earnings and loss of potential future earnings. The purpose of this type of compensation is to help you to get your life back as close to where it would have been if you hadn’t experienced your life-altering accident and injury. We know that no amount of compensation will make your brain injury go away, but we want to get you the best possible compensation payment to ensure that you are able to have as full a life as possible and to give you every chance to adapt to your new situation.

If you have suffered a brain injury in an accident that wasn’t your fault and you think you might be able to make a claim, call us on 0121 565 4317 or fill in our online claims form. Our team of expert brain injury solicitors are waiting for your call.

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