No Win No Fee Traumatic Brain Injury Lawyer Claims Guide

In this guide, we look at how to claim compensation for brain injuries. If you or a loved one has suffered a head injury in an accident caused by a third party, you may be looking for a traumatic brain injury lawyer.

If a relative has suffered brain damage, they may not be able to make a traumatic brain injury claim themselves. However, you may be able to file a head injury claim on their behalf. In order to do so, you will need to show that they do not have the mental capacity to do so.

The Mental Capacity Act 2005 sets out how a person’s decision-making ability should be assessed. If it is assessed that they do not have the mental capacity to manage their own civil claim, they must have a court-appointed Litigation friend through proceedings. A Litigation friend may be a friend or relative who applies to claim on behalf of the injured party. They will make decisions in the best interests of the claimant.

We explain what types of injury classify as brain damage. Then we look at whether you or a loved one need a lawyer to help you claim compensation. Additionally, we examine how a lawyer can help make a personal injury claim should you wish to make one. This is followed up with a look at what happens if the claim goes to court.

To conclude, we look at how a solicitor from our panel could help secure brain injury compensation on a No Win No fee basis.

If you have any questions about making a brain injury compensation claim, our serious injury team can help. Get in touch with our team today by:

  • Calling an advisor on 0800 408 7825.
  • Talking to us on our live chat pop-up.
  • Sending a request for a call back using our ‘contact us’ page.

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What Is A Traumatic Brain Injury?

A traumatic brain injury (TBI) is an injury to the brain caused by head trauma, such as shock to the head. A TBI may also be caused by subsequent complications such as a lack of oxygen or pressure due to swelling in the brain. It is a very broad term, which describes a large number of different types of injuries to the brain. Brain injuries may be focal (impacting one area of the brain) or diffuse (impacting several areas).

There are two main types of traumatic brain injuries. These are open or penetrating wounds and closed head injuries.

  • Open or penetrating wounds are less common than closed head injuries. In such cases, the skull has been opened, and the brain is exposed and damaged. Examples could include bullet wounds or collisions with sharp objects.
  • Closed head injuries are more common and the skull remains intact. They may be caused by a rapid speeding up or sudden stop, such as during a car accident.

If you or a loved one suffered a brain injury as a result of a liable party’s negligence, you might be entitled to compensation. Contact an advisor to find out if our team could help. If they can, you could be connected to a traumatic brain injury lawyer from our panel.

Do You Need A Traumatic Brain Injury Lawyer To Claim?

To claim compensation for brain damage, it must be proven that another party caused the injury as a result of a breach of a duty of care owed to you or your loved one. A duty of care is a legal obligation to prevent foreseeable harm. For example, your employer must take reasonable and practicable steps while you are at work to prevent damage to your health, safety and welfare. If they breach this duty, such as by failing to provide the necessary training needed to do the job safely and injuries are sustained, a personal injury compensation claim could be possible.

There are benefits to working with a specialist solicitor when bringing a claim. A personal injury solicitor could help to:

  • Explain complex medical or legal terminology.
  • Gather evidence which could support your brain injury claim. This could include requesting copies of your medical records.
  • Compile and send legal documents on your behalf.
  • Guide you through the Pre-Action Protocol. Following the steps outlined in the Pre-Action Protocol could allow for a settlement before the claim reaches court.
  • Provide advice on how much compensation you (or your loved one) could expect to be awarded.

A solicitor could help to advise you on whether you should accept a personal injury offer. Contact an advisor to find out how one of the brain injury specialists solicitors from our panel could help you.

Do You Need To Use A Local Solicitor or Lawyer To Make A Brain Injury Claim?

Trying to find brain or head injury solicitors close to you can be a concern for potential claimants. Today you do not need to use a lawyer in your local area to claim compensation. Communication with your solicitor can be handled remotely by phone and online. Documents could also be sent to you via email.

Find out how a traumatic brain injury lawyer can help you with a personal injury claim by speaking with one of the advisors from our team.

A person lays on a bed, about to enter a CT- Scanner.

Will You Need A Traumatic Brain Injury Lawyer If Your Case Goes To Court?

If a decision is not reached during the Pre-Action Protocol stages, the claim will progress to court. Brain injury compensation claims are very complex. The claimant would usually be represented by a barrister in court. The barrister is typically instructed by the traumatic brain injury lawyer.

Can I Use A No Win No Fee Traumatic Brain Injury Lawyer?

One concern potential claimants may have before embarking on a claim is the cost of working with specialist brain injury solicitors. A traumatic brain injury lawyer from our panel would offer their services on a No Win No Fee basis. They would provide their services under a Conditional Fee Agreement (CFA).

If a brain injury lawyer works under a CFA, you do not need to worry about making payments for their services either upfront or while they are working on your case. If the case wins, your solicitor will charge a success fee. This is deducted from your compensation, and the amount which may be charged is legally capped (set as a percentage of your compensation). If the head injury claim does not win, there is nothing to pay for the solicitor’s work on it.

Our panel of personal injury solicitors bring a wealth of experience in helping people to claim compensation for brain injuries. They have the expertise to help you, whether you are filing your own head injury claim or acting on behalf of a relative. Contact us today to find out how a No Win No Fee solicitor could help you:

  • Call one of our advisors on 0800 408 7825.
  • Ask us to call you back using our ‘contact us’ page.
  • Send us a message on our pop-up live chat.

A lawyer sits at a dfesk working on a case.

More Resources About Claiming For Brain Injuries

Here we have included further resources from our site.

These references can help you learn more about serious brain injuries.

FAQs Related To Brain Injury Claims

Here we answer some of the most frequently asked questions about brain injury compensation claims.

How Long Do You Have To Claim For A Traumatic Brain Injury?

The standard limitation period for making any personal injury claims is three years. In cases where someone has suffered a head or brain injury the limitation period may differ. Where a claimant has been deemed to lack the mental capacity to claim on their own behalf, there may be no time limit applicable. A Litigation friend may claim at any time on behalf of the claimant. If the claimant should regain their ability to claim on their own behalf, the standard three year time limit will be applicable. A specialist traumatic brain injury lawyer can further advise you on time limits.

What Is The Difference Between A Traumatic and Acquired Brain Injury?

An acquired brain injury (ABI) is a type of brain injury which happens after birth. It may be caused by a medical condition or an illness. Causes could include oxygen deprivation, a stroke or an illness such as meningitis.

How Do I Get Support Dealing With A Traumatic Brain Injury?

Support may be provided to a loved one with a traumatic brain injury in various ways. There are many charities, such as Headway, across the UK that can provide support both to those living with traumatic brain injuries and their families. Organisations such as the Brain Charity can provide you with more information about living with a brain injury. Finally, the Child Brain Injury Trust could help provide support to the families of those who have a child living with brain injuries.

We hope our guide to working with a traumatic brain injury lawyer has helped you. For more information, contact an advisor today.