By Danielle Newton. Last Updated 21st August 2023. In this guide, we’ll look at the advantages of working with a traumatic brain injury lawyer. If you’ve been in an accident due to someone else’s negligence and have sustained brain damage as a result, you may be thinking about making a claim.
In order to make a personal injury claim, you need to show that another party breached the duty of care that they owed you, resulting in injury. In this guide, we will look at what duty of care means in more detail and how you might be able to prove the validity of your claim.
When someone has sustained a traumatic brain injury, it may not be possible for the injured person to claim if their mental capacity has been diminished. This guide will also look at how you can claim on behalf of someone with reduced mental capacity.
Read on for more information about how claiming for a traumatic brain injury. Alternatively, get in touch with our team of advisors at any time. They can offer you free legal advice and may be able to connect you with a solicitor from our panel if they think your claim is valid.
- Call us on 0800 408 7825
- Use the contact form on our website
- Message the live chat for instant answers
Select A Section
- Can I Make A Traumatic Brain Injury Claim
- Causes Of Traumatic Brain Injuries
- Are There Different Types Of TBI?
- Traumatic Brain Injury Statistics
- Treatment And Recovery
- How Much Could A Traumatic Brain Injury Lawyer Help Me Claim?
- Start Your Claim With A Traumatic Brain Injury Lawyer Today
- Essential Resources
If you suffered a head injury, you may wonder what the criteria is to make a personal injury claim. You must have evidence that proves:
- You were owed a duty of care.
- This duty was breached.
- You suffered injuries as a result of this breach.
There are various day-to-day situations in which you are owed a duty of care, these include:
- In the workplace: Under the Health and Safety at Work etc. Act 1974, your employer owes your duty of care. They must take reasonable steps to ensure your safety while in the workplace.
- In public places: Those in control of a public space owe a duty of care under the Occupiers’ Liability Act 1957. Per their duty, they must take steps to ensure your reasonable safety while you are using that public place for its intended purpose.
- On the road: Road users owe each other a duty of care and must adhere to the rules set out in the Road Traffic Act 1988 and the Highway Code. They must also navigate the roads in a way that avoids causing harm to themselves and others.
You may wish to instruct a traumatic brain injury lawyer to help you with your claim. To find out if you are eligible to start a claim with one of the No Win No Fee lawyers on our panel, get in touch with one of our advisors.
A traumatic brain injury could occur as the result of a wide range of different accident types. For example, it could occur in a severe road traffic accident or an accident at work. You could also suffer brain damage due to medical negligence or as a result of an assault.
For example, if you’re in a head-on car accident, you could suffer brain damage because your head hits the steering wheel with a lot of force. If the car accident was the fault of another party, you could potentially claim compensation.
Or, if you’re at work, you could potentially slip, trip or fall, sustaining a head injury. If you could prove the accident happened because of your employer’s negligence, you could make a personal injury claim.
Another example could be if you’re a patient in a hospital and are administered the wrong medication or too much medication because of negligence on the part of your doctor. This could potentially lead to brain damage.
To make a valid medical negligence claim, there needs to be evidence that the medical professional provided care that wasn’t of the level expected of their field.
Assault cases are also dealt with slightly differently, as they can be made through the Criminal Injuries Compensation Authority (CICA). This executive body administers compensation for victims of violent crime.
For more information on claiming for harm caused by a criminal attack or medical negligence, give our team of advisors a call today. Otherwise, read on for more information on how a traumatic brain injury lawyer could help you.
There are many different types of traumatic brain injury you could suffer from. Some examples could include:
- Hematoma – This is a blood clot in the brain, or on its surface.
- Contusion – This is when brain tissue is bruised. They often occur at the base of the front part of the brain but can occur anywhere.
- Intracerebral Hemorrhage – This is bleeding within the brain tissue and may be related to other brain injury types, such as contusions. These can sometimes be surgically removed.
- Subarachnoid Hemorrhage – This may be caused by bleeding in the subarachnoid space. This type of injury can occur after head trauma but may be mild.
- Diffuse Injuries– These are scattered across different areas of the brain. Because these changes are microscopic, they may not appear on CT scans.
- Diffuse Axonal Injuries– This refers to the gradual loss and impaired function of axons. If axons are damaged, the nerve cells will struggle to communicate, possibly leading to severe disabilities.
- Ischemia – This is another form of diffuse injury where there is an insufficient blood supply to certain areas of the brain.
- Skull Fractures – Breaks and cracks in the skull can occur after head injuries. They can be problematic, as they can damage nerves and arteries. In severe cases, they could even cause cerebrospinal fluid leakage or press bone onto the brain.
If you’ve experienced any of the above because of the negligence of someone who had a responsibility towards your safety, then you may be able to claim. Get in touch with our team today to see how a traumatic brain injury lawyer could help you.
This section will look at some statistics relating to brain injuries. These statistics are collated by the charity Headway using hospital admissions. These figures include strokes and brain tumours, amongst other conditions. These figures are taken from 2016-17, and some key findings include:
- 348,453 people were admitted to the hospital with an acquired brain injury.
- Of these, 155,919 people were admitted for head injuries.
- Men are 1.5 times more likely to be admitted for a head injury. However, female head injury admissions have risen 23% since 2005-6.
If you’re concerned you or someone else may be suffering from a brain injury, there are some common symptoms you can look out for. However, we still advise you to seek medical help, as only a professional can provide accurate diagnoses and treatments. You may need to ring 999 or find your closest accident and emergency service (A&E) if you need medical attention right away.
Some common symptoms may include:
- Sickness & dizziness
- Lethargy & confusion
- Loss of consciousness
- Paralysis or numbness
- Vision changes
- Clear fluid leaking from the ears or nose
- Breathing issues
- Cognitive and speech difficulties
- Facial weakness
- Loss of bladder or bowel control
Get in touch with our team today for more information about claiming for a head injury causing brain damage. You could also be connected with a traumatic brain injury lawyer from our panel to work on your claim.
To diagnose a brain injury, a medical professional will likely assess your cardiac and pulmonary function, followed by an examination of the body. They’ll usually perform a complete neurological examination and radiological tests.
Radiological tests may include a Computed Tomography (CT) scan. This will detect the presence of any blood or fractures which may be causing the injury.
Brain injuries can have a variety of treatments, depending on the type of injury and its severity. For moderate or severe injuries, you may undergo surgery to remove hematomas or contusions that are compressing the brain.
Other forms of treatment do not address the injury directly but attempt to avoid further issues the vulnerability may cause. Your doctor may prescribe medication or an ICP monitor; this helps to detect excess swelling and drain cerebrospinal fluid if necessary.
Recovery may be long and accompanied by many complicated procedures and treatments. In some cases, a full recovery may never be made.
If your quality of life has been affected by a brain injury caused by negligence, then you may be able to claim compensation. See how a traumatic brain injury lawyer could help you claim by getting in touch with our team of advisors for free legal advice.
The table in this section shows possible compensation amounts relating to brain injuries. These figures are calculated from past case studies and are taken from the Judicial College Guidelines. Legal professionals use this document to help value injuries.
Injury Severity Amount Notes
Brain Very Severe £282,010 to £403,990 The injured person may have some ability to follow basic commands, open eyes and a return of a sleeping and waking pattern. However, there will be little to no meaningful responses to the environment or language function that result in a need for long-term care.
Brain Moderately Severe £219,070 to £282,010 The injured person may have a serious disability with a substantial dependence on others. There may also be related physical disabilities, such as paralysis, and a lowered life expectancy.
Brain Moderate (i) £150,110 to £219,070 The injured person may experience an intellectual defecit, issues with sight, speech and senses, and a significant risk of epilepsy.
Brain Moderate (ii) £90,720 to £150,110 The injured person may experience symptoms similar to the above but with slightly lower risks for epilepsy.
Brain Moderate (iii) £43,060 to £90,720 The injured person may experience an impact on concentration, memory and the ability to work. There will be a small risk of epilepsy but the dependence on others is limited.
Brain Less Severe £15,320 to £43,060 This bracket will include cases where the injured person will have made a good recovery and will be able to return to some normality in routine. Some functions may not be fully restored, such as poor concentration or memory issues. There may also be a slight risk of epilepsy.
The table above illustrates general damages. This is the part of your claim that compensates you for the pain, suffering and impact on your quality of life that your injuries have caused.
You may also claim special damages as part of your compensation. Special damages cover any financial loss you may have suffered due to your accident or injury. You may also be able to claim for potential future losses as well. A few examples of what you could claim for:
- Lost wages
- Medical expenses not covered by the NHS
- The price of independence supports, such as wheelchairs
- Adjustments to the home if a disability necessitates it
- Travel expenses
To claim special damages, you need to provide evidence of your losses. For example, if you wanted to claim back for the installation of a stairlift in the home, you could provide invoices and receipts to show how much this has cost you. Or, if you wanted to claim for a loss of wages, you could show payslips or bank statements.
One of our advisors may be able to offer you a more in-depth assessment of your claim. Give us a call today to find out more. They could connect you with a traumatic brain injury lawyer if they feel your claim is valid.
It is important to note that there are time limitations for starting a personal injury claim. Generally, the time limit is 3 years. However, there are some exceptions to this rule.
For those with diminished mental capacity, such as from a traumatic brain injury, a litigation friend can make a personal injury claim on their behalf. A litigation friend can be any responsible adult with the claimant’s best interests at heart.
In these cases, the time limit is suspended unless the claimant regains the mental capacity to claim. In this case, the usual 3-year time limit begins.
A litigation friend is also required to claim for a minor. The litigation friend will have until the child is 18 to make a claim, after which the claimant has until they turn 21 to start one for themselves.
No Win No Fee Traumatic Brain Injury Lawyers
If you’re thinking about starting a claim, you may be concerned about financing the costs of a solicitor. However, a No Win No Fee agreement could be appealing, as it means you will not have to pay anything if your claim does not succeed. You also won’t be asked to make any upfront or ongoing payments to your solicitor in order for them to start work on your claim.
If your claim does succeed, your solicitor will deduct a pre-agreed success fee from your compensation amount. This success fee is legally capped to prevent claimants from being overcharged.
If you would like to start a claim or find out more about No Win No Fee agreements, contact our advisors today. They could also connect you with a traumatic brain injury lawyer to make a personal injury claim.
- Call us on 0800 408 7825
- Use the contact form on our website
- Message the live chat for instant answers
Thank you for reading our guide. We hope you found it helpful. For further resources, please see below.
Accident Book in Public Places – A guide on when and how to file a report in a public place.
Grievous Bodily Harm Personal Injury Guide – An article detailing how to claim compensation after being the victim of GBH.
How Much Compensation for a Motorcycle Accident – A guide on claiming compensation after a motorcycle accident.
Head Injuries and Concussion – The NHS advice page for dealing with head injuries and concussions.
The Health and Safety Executive -Britain’s regulator of health and safety in the workplace.
Brain Injury Matters – A charity aiming to support those living with acquired brain injuries.
Thank you for reading our guide on how a traumatic brain injury lawyer could help you.
Guide by AO