Brain and Head Injury Claims

With any type of medical negligence claim, there is normally a 3-year time limit to bring a claim for compensation. This will usually be counted from the time the negligence occurred, although if the negligence was only uncovered later, the time limit may be counted from this point instead.

However, if the claim is being brought on behalf of someone else because they lack mental capacity to pursue compensation themselves (which is common with serious brain injuries), there is no time limit for their representative to bring a claim for them.

Another exception to the standard 3-year rule is where the person affected by the medical negligence was under 18 at the time it occurred. In such cases, their parents or guardians will have until they turn 18 to bring a claim for them. If this is not done, then once they turn 18, the person who suffered the injury will have until their 21st birthday to bring a claim themselves.

If the injured party dies within 3 years of the alleged negligence occurring, the representatives of their estate will normally be granted an additional 3 years from the date of death to bring a claim.

Determining whether the relevant time limit has expired can be extremely complicated, so we strongly recommend consulting a specialist medical negligence lawyer however long ago the negligence occurred.

How much compensation you/your loved one may be entitled to will depend on how serious the impact of the medical negligence has been on you/your loved one’s health and lifestyle.

If you or your loved one have suffered a serious brain or head injury, you are likely to need life-long care and support and financial help to provide therapies, aids and equipment, appropriate transport and adapted accommodation.

Whether the claim follows the route of a negotiated settlement or a court hearing where damages will be decided by a judge, the experience and skill of your legal team is likely to be a major factor in the amount of compensation secured. Working with medical negligence lawyers with specific expertise in head and brain injury claims is therefore strongly recommended.

Depending on the situation, there are two types of compensation you may be entitled to – special damages and general damages

Special damages – These cover specific financial losses incurred up to the date of settlement, such as costs associated with treatment and buying special equipment, as well as lost earnings due to having to give up work.

General damages – These cover non-financial losses such as compensation for pain and suffering and changes to your lifestyle. This can also compensate you for foreseeable future financial losses and expenses due to the injuries sustained.

In many cases compensation will not be paid until the end of the case, when a settlement has been reached or damages have been awarded by the Court.

Head and brain injury claims often taken sometime to conclude, so wherever possible, we actively seek to secure an interim payment of damages from the Defendant, on account of the compensation which will be paid at the end of the case. This is usually only possible after the Defendant has admitted responsibility for causing the brain injury.

Interim payments enable funds to be available, at an earlier time, to provide the care and support which the injured person requires, as well as the purchase of appropriate therapies, aids and equipment, transport and accommodation.

Where the injured person has suffered a severe brain injury, we will arrange for the appointment of a Brain Injury Case Manager, who will liaise with you and us to identify exactly what is needed and then co-ordinate everything for you/your loved on.

A relatively common issue with head and brain injuries is that the person who suffered the injury may lack the mental capacity to bring a claim on their own behalf. Often this will be because they have been left with brain damage affecting their ability to understand or retain key information needed to pursue a claim or because they have issues with communication.

In such circumstances, it is possible for someone else (normally a family member or close friend) to be appointed as a ‘litigation friend’, meaning they can pursue a compensation claim on behalf of the injured party.

Where someone has died as a result of a head or brain injury, the personal representative of their estate will normally be able to pursue a claim on behalf of the estate and the deceased’s dependants.