Brain Injury Compensation Claims Solicitors

Can I make a no win no fee brain injury compensation claim?

Yes, if you make a brain injury compensation claim with Wolferstans we will work on a no win no fee basis. This means that you pay nothing up front, or as we gather evidence, process your claim and negotiate a fair settlement agreement.

We only a take a fee if your brain injury compensation claim is successful, and it will never exceed 25% of the compensation we win for you. If your claim fails then costs such as the legal fees of the other party will be covered by after the event (AtE) insurance we take out on your behalf.

What does a brain injury compensation claim include?

A brain injury compensation claim will include the following:

• An amount to compensate for the physical pain and distress of your brain injury, as well as the psychological impact of your brain injury, such as post-traumatic stress disorder (PTSD), anxiety and depression. This compensation also takes into account the ways in which your brain injury prevents you from enjoying life and doing things like pursuing hobbies and interests
• An amount to cover the financial impact of your brain injury, such as earnings lost because of the impact on your ability to work and any expenses such as medical and care costs

The amount of compensation payable for the brain injury itself will vary depending upon factors such as:

• The severity of the injury, ranging from a minor injury such as concussion up to a severe injury causing significant and on-going care requirements
• The impact the injury has had and will have over the longer term on things such as your ability to work and your memory, concentration, independence and personality
• Any requirement for further rehabilitation, care, support and treatment in the future

How much compensation could I receive for a brain injury claim?

The amount of compensation you might get if your brain injury claim is successful could range from around £2,200 for a minor injury from which you make a full and speedy recovery up to more than a million pounds if your brain injury is severe enough to require on-going care and medical treatment. No matter how severe your brain injury is, any compensation awarded will be made up of general damages and special damages.

General Damages

The amount paid in general damages is calculated to reflect the nature and severity of your injury and the degree to which it has impacted your life.

The actual amount will be calculated with the help of the Judicial College Guidelines (JCG). The JCG is a specialist legal publication which provides recommended compensation ranges for specific injuries. Examples from the latest edition of the JCG include the following:

• A less severe brain injury followed by a full recovery – £18,700 to £52,550
• A moderately severe brain injury leading to substantial care requirements through disability – £267,340 to £344,150
• A very severe brain injury leading to physical and mental disabilities which are extremely serious – £344,150 to £493,000

Once we have a full and detailed understanding of the nature and severity of your brain injury we will be able to make an estimate of the level of general damages a successful claim is likely to generate.

Special Damages

Special damages, which will make up the rest of any compensation payment for a brain injury claim, relate to the financial impact of the injury. The aim of special damages is to return you to the financial position you would have been in if the brain injury had never happened.

The amount will include any earnings or pension provision lost because your brain injury means you can no longer work for a living.. It will also cover any expenses arising directly from your brain injury, such as the following:

• The amount which has to be spent on medical treatment because of your brain injury, now and in the future
• The amount which has to be spent on care needed because of your brain injury, now and in the future
• Any amount which has to be spent on adapting your home or vehicle in order to accommodate the effects of your brain injury, up to and including having to move to a new home entirely
• The amount which you have to spend on specialist equipment needed because of your brain injury, such as mobility aids
• Any money which you have to spend on travelling to and from medical appointments you need to attend as a consequence of your brain injury
• Any money you have to spend on counselling or therapy in order to cope with the psychological impact of your brain injury

When we are gathering evidence to support your brain injury compensation claim we’ll explain exactly what documentation you need to support the part of your claim which relates to the financial impact of your brain injury.

What is the process for a brain injury compensation claim?

We know that making a brain injury compensation claim can seem extremely daunting, especially when you’re busy coming to terms with what has happened to you and making the best recovery possible. The team at Wolferstans are experts at handling even the most complex brain injury claims, however, and we take as much of the stress out of the process as possible.

One of the ways in which we do this is by breaking a complex process down into a series of smaller individual steps:

We provide an initial, no obligation consultation free of charge, during which we’ll listen to your experiences and decide whether you have the grounds to make a compensation claim. If we think you have then we’ll get to work building that claim.

We will contact the other party in your case to tell them that you are seeking compensation for your brain injury. In the majority of cases liability is admitted at this stage.

We’ll take a detailed statement from you in which you’ll explain:

• How your brain was injured
• The impact your brain injury has had on your life
• Any treatment you have already received for your brain injury
• How any recovery is progressing

We’ll arrange a medical examination with an independent expert. They will then produce a detailed report setting out the nature and severity of your brain injury, the likely cause of the injury, the prognosis for any recovery and an assessment of any likely future medical and care requirements.

• We’ll get hold of a copy of your medical records, particularly those dealing with the injury itself, the immediate aftermath and the treatment you have had
• If your brain injury happened because of a road traffic accident or an accident in a public place then we will obtain a copy of any official police report
• If your brain injury happened because of an accident at work we will obtain a copy of your workplace accident book
• If there were any witnesses to the accident which caused your brain injury we will take statements from them
• We will collect photographic evidence of the scene of the accident which led to your brain injury
• If possible we will include photographs of your injuries in the immediate aftermath of the accident
• If the location of your accident is covered by CCTV cameras we will ask for a copy of the footage
• We will bring together all of the paperwork needed to highlight the financial impact of your brain injury. This could include bank statements, pay slips, bills for medical treatment and care provision and receipts for any direct expenses.

Only a small percentage of the brain injury compensation claims we handle have to go to court, not least because of the strength of the evidence we gather and the case we build on behalf of each client.

Once liability has been established we will negotiate for a fair compensation settlement. Although we like to settle claims as quickly as possible we never settle for less than the compensation we think you are entitled to.

If liability is denied or a fair amount of compensation isn’t offered then your claim will have to be settled in court. This only happens in a small number of cases and if it does then the experts from Wolferstans will support you throughout and present your case in the strongest possible terms.

Is there a time limit on brain injury compensation claims?

Yes, there is a time limit of 3 years on making a brain injury compensation claim. This means that you have 3 years from the date on which the brain injury occurs or, in some cases, the date on which you realise you acquired a brain injury as a result of negligence.

After the 3 year limit has run out you will no longer be able to make a claim for brain injury compensation. Exceptions to this strict rule include the following:

• If you lack the ‘mental capacity’ to start a compensation claim during the 3 year period – perhaps as a result of your brain injury – then the 3 years will be counted from the date on which you regain capacity.
• If you are under 18 when you are injured then the 3 year limit will run from your 18th birthday to your 21st

It’s possible to make a claim if a person dies as a result of a brain injury. If this happens then dependants of the deceased can make a claim, or a claim can be made on behalf of the estate of the deceased.

In both of these cases, the 3 year limit on making a claim will run from the date of death.

Although the 3 year limit exists, we always recommend starting the brain injury compensation claims process as soon as possible after the injury happens. The details of how your brain injury happened will still be fresh in your mind and the sooner you start to make a claim, the sooner you’ll get any compensation you’re entitled to.

How long will a brain injury compensation claim take?

If your brain injury is relatively minor and a quick recovery is expected or has happened then your claim could take just a few months. More complex claims dealing with severe brain injuries can take two years or longer to settle.

The longer time-span is a reflection of the medical complexity involved in establishing exactly what your long term medical and care requirements are likely to be.

Can I claim interim payments?

Yes, if it takes an extended period to establish the extent of your injuries and a fair compensation amount then we will apply for interim payments to be made. These payments can help with medical, care and other costs until the final amount is agreed.

Any interim payments made will then be deducted from the final compensation amount.

What are the most common types of brain injury?

Any injury which has a negative impact on your brain could form the basis of a compensation claim if it happened because of negligence. Some of the more common brain injuries we see at Wolferstans include the following:

• Bruising
• A fractured skull
• Concussions
• Brain injuries arising from lack of oxygen at birth

Even brain injuries which seem mild at first can lead to serious long term issues such as blurred vision and headaches. Our comprehensive approach to establishing the full extent of any brain injury you suffer will ensure that you claim compensation which fully represents the impact of the accident you were involved in.

As well as the initial pain and distress of the injury, our brain injury compensation claim could cover on-going issues caused by that injury, such as epilepsy, hearing loss, tinnitus and a temporary or permanent loss of sight.

What are the common causes of brain injuries?

The most common causes of brain injuries include the following:

• Accidents at work such as being hit by falling debris or moving equipment
• Road traffic accidents as a driver, passenger, cyclist, motorcyclist or pedestrian
• Accidents in public places such as slips, trips and falls over a damaged or dangerous surface
• Lack of oxygen at birth

Why use Wolferstans for your brain injury compensation claim?

You should come to Wolferstans for your brain injury compensation claim because claims of this kind, particularly for more severe brain injuries, are often highly complex and lengthy. We have the experience and specialist skill-set needed to make sure that all aspects of having to live with your brain injury – such as needing on-going care and rehabilitation – play a part in determining the amount of compensation we seek for you.

We know exactly what it takes to prove negligence no matter what circumstances caused your brain injury, and this is reflected in our track record of winning on behalf of our clients. We settle the vast majority of our claims without having to go to court, and we never settle for anything less than 100% of the compensation we think you’re entitled to.

Alongside our legal expertise we bring empathy and understanding when handling a brain injury compensation claim. We understand that it can be devastating to suffer an injury of this kind because someone else was negligent, and we provide tailored support in a friendly and accessible manner, avoiding legal jargon and communicating clearly and approachably.

Because we work on a no win no fee basis you can make your brain injury compensation claim on the basis of being badly let down, without having to worry about costs, fees or ever being out of pocket. If we think your brain injury was caused by negligence then we’ll do everything we can – up to and including representing you in court if needed – to ensure you get the compensation you deserve.