Brain and Head Injury Claims
Head and brain injuries can be devastating, resulting in serious long-term effects which can severely impact the injured person’s quality of life. As well as the immediate pain and suffering, brain injuries can result in cognitive, behavioural, and emotional changes which might last for the rest of the affected individual’s life.
If you or a loved one has sustained a head or brain injury as a result of the negligence of another person, you may be entitled to make a claim for personal injury compensation.
At Wheelers, our specialist personal injury solicitors can provide sensitive and practical advice on starting a claim for head and brain injury compensation to achieve justice for the suffering you and your loved ones have undergone.
Whether you’ve been injured in a road traffic accident, at work, a public place, or as a result of poor medical treatment, we are on hand to help. We’ll act swiftly and professionally to achieve the compensation you need to close this unfortunate chapter and move on with your life, feeling safe and financially secure.
Our goal is to make your experience with us as smooth and unproblematic as possible. We’ve honed our negotiation skills so, wherever possible, we can help you avoid the stress of court proceedings by settling successfully out of court. That being said, we want to achieve the best possible result for you, so we’ll never advise you settle simply because it’s the “easy” option. If it becomes necessary to start a court claim, we’ll be by your side every step of the way.
We accept the majority of our clients on a no win no fee basis, so you don’t have to worry about having to pay legal fees up front.
For a free, no obligation discussion about your compensation claim, get in touch with our head and brain injury solicitors in Ash Vale, Farnborough, or Fleet. Alternatively, please fill in the enquiry form to the right of the page and a member of our team will be in touch in due course.
How our head and brain injury solicitors can help
Personal injury compensation claims can be complex and confusing, particularly where expert medical evidence is required. It’s therefore essential to instruct an experienced solicitor who specialises in such claims.
We have years of experience successfully claiming compensation on behalf of clients who have sustained head or brain injuries as a result of the negligence of someone else.
We will handle every aspect of your claim on your behalf, including:
- Pre-claim correspondence with the person or organisation responsible for your injuries
- Conducting settlement negotiations
- Advising on any offers of settlement
- Obtaining expert medical evidence of the cause, extent, and impact of your injuries
- Advising and facilitating access to Alternative Dispute Resolution (ADR) such as mediation and arbitration
- Conducting court proceedings where informal negotiations and ADR are unsuccessful
- Advising in relation to the management of compensation monies, including setting up a personal injury trust
- Providing ongoing guidance, including helping you access rehabilitation, counselling, and other support services
Our solicitors always comply strictly with the Personal Injury Pre-Action Protocol which is beneficial if we come to make a court claim.
How much can I claim for a brain injury?
Depending on the extent of your injuries and the impact on your quality of life, you could receive substantial compensation, for example, for:
- Pain and suffering
- Time off work and loss of earnings
- Loss of earning capacity
- Counselling and therapy
- The costs of travelling to and from medical appointments
- The costs of home adaptations, home help, care, and childcare
How long will my brain injury compensation claim take?
As every brain and head injury compensation claim is unique, it’s difficult to say how long your claim will take. Ultimately, it will depend on the severity of your injuries and the willingness of the responsible party to accept liability, negotiate, and settle. This could take anywhere from a few months to a few years in extreme circumstances.
We can provide a more accurate time estimate upon our initial discussion about your case. We’ll also keep you regularly updated about your claim’s progress and guarantee that we’ll do everything in our power to progress the case as swiftly and efficiently as possible.
What are interim compensation payments?
We may be able to claim interim compensation payments if you’re temporarily or permanently unable to work and are suffering financial hardship while your personal injury claim progresses.
Interim compensation payments can only be claimed if the responsible party admits fault. We’ll provide detailed advice about whether it’s possible to make a claim as well as handling all the paperwork on your behalf.
What are the time limits for claiming for a head or brain injury?
The standard time limit to make a head or brain personal injury claim is 3 years from the date of the injury. There are some exceptions to this, including:
- Where the injured person is a child, you have until they turn 18 to make a claim on their behalf (then they have a further 3 years to make a claim themselves)
- Where the injured person lacks mental capacity, there is no time limit (unless they later regain capacity at which point the 3 year clock starts ticking)
- Where the injured person has died, the 3 year clock resets from the date of death
Another important exception acknowledges that you can’t always know at the point of injury that you have been injured. For example, where a brain injury has caused a person to undergo emotional changes and develop mental health issues. In these situations, the 3 year clock starts ticking once you realise the injury has occurred.
We recommend that you get in touch with us as soon as possible after sustaining a head or brain injury to ensure you aren’t time barred from making a claim.
Can I claim for a loved one who has died of a brain injury?
Yes – the death of a loved one can have a significant impact on their family’s emotional health and finances. If your loved one has died as a result of someone intentionally or negligently causing them a head injury, we can help you make a compensation claim.
Can I make a claim if I’m the victim of a crime?
Yes, however, in many cases, pursuing the perpetrator may be fruitless, for example, if they have limited financial means.
If this is the case, we can help you make a claim to the Criminal Injuries Compensation Authority (CICA), a Government Agency which exists specifically to compensate victims of violent crime. We can provide advice about the process for making a claim and your eligibility, as well as handling the entire process on your behalf.
How do no win no fee claims work?
No win no fee agreements (also called conditional fee agreements) allow people injured by the wrongdoing of another person or organisation to access justice without exposing themselves to the financial risk of expensive court proceedings.
We will discuss the terms of our no win no fee agreement with you during your free initial meeting. Typically, you will pay no legal fees upfront and only incur fees if you win compensation. We’ll then seek to recover the majority of our fees from the defendant.
There may be other third party costs throughout the case; however, we will be very clear and transparent about these costs before they are incurred and can discuss alternative funding arrangements if necessary.
Will my benefits be affected if I win head injury compensation?
Winning large amounts of compensation may reduce your eligibility for certain means tested benefits such as Income Support, Housing Benefit, Council Tax Support, Child Tax Credit, and Universal Credit.
To avoid this, we can advise you on setting up a Personal Injury Trust to hold your compensation so it is not counted for the purposes of assessing your eligibility for benefits.
Personal injury claims FAQs
If you've suffered a brain or head injury, and this page hasn't fully answered your queries, visit our frequently asked questions about personal injury claims page.
Why choose Wheelers’ brain and head injury solicitors?
At Wheelers, we’re proud to have delivered the highest quality of legal services to individuals across Hampshire and Surrey for over 25 years.
Our hallmark is our personalised service; we tailor our advice carefully to suit each client’s individual needs. From the moment you instruct us, we will dedicate ourselves to building you a solid claim, including carefully discussing strategy with you, and obtaining expert medical evidence to back up our claims.
Taking a robust position from the get-go is often the best way at getting those responsible for your injuries to admit liability and we won’t shy away from vigorous negotiations, no matter how complicated the case.
We work tirelessly to achieve justice on our clients’ behalves, so get in touch with us to discuss your case today.
Get in touch with our head and brain injury solicitors
For a free, no obligation discussion about your compensation claim, give our head and brain injury solicitors a call at your local branch in Ash Vale, Farnborough, or Fleet. Alternatively, please fill in the enquiry form to the top of the page and a member of our team will be in touch in due course.