This week is Action for Brain Injury Week, which aims to give a voice to survivors and carers, to help them better understand the challenges they face following a brain injury.
A brain injury can permanently change a person’s life, even for those who go on to make a reasonable recovery. In many cases, a person will require specialist care and rehabilitation, sometimes for the rest of their lives, so it is vital to seek the help and advice of a solicitor with experience of supporting people who have suffered a brain injury.
In this article, we answer some of the main questions asked by people when making a personal injury claim for a brain injury.
Can I make a brain injury claim on behalf of someone else?
Following a traumatic brain injury, a person may lose their mental capacity and will be unable to make a claim for compensation by themselves. If your loved one has suffered a brain injury, you can make the claim on their behalf and act as their ‘litigation friend’.
If your child sustains a brain injury you can make a claim on their behalf as their parent or guardian.
Is there a time limit when making a brain injury claim?
In most cases, a claim for compensation following a brain injury needs to be made with three years of the accident. However, if someone has been medically assessed as lacking the capacity to bring a claim, then the rules on time limits are different.
We always advise people to contact a solicitor as soon as possible if they, or a loved one, has been involved in an accident and wishes to bring a personal injury claim.
How much compensation can I claim following a brain injury?
Compensation is in general terms the money which can be claimed from the Defendant’s insurer following a serious accident. The amount you can expect to recover varies from case to case, depending on the severity of a person’s injuries.
Compensation is divided into ‘general’ damages’ for the pain, the suffering and the loss of amenity the injured person has suffered and continues to endure. ‘Special damages’ is for the financial impact of an accident and includes, for example, past and future loss of earnings, expenses, rehabilitation and any home adaptations.
For more information on personal injury compensation, please see our previous blog, ‘Personal Injury Compensation
Brain Injury Compensation
Following a catastrophic brain injury, a person may require ongoing care and rehabilitation and may not be able to return to their home or work. In these cases, compensation ensures that they and their family are adequately supported and can go on to have a life after injury.
We work closely with medical experts throughout the duration of your claim for personal injury compensation to ensure that your needs are met. If liability is not in dispute, then interim payments will normally be made by the Defendant's liability insurer. That money is used to pay for rehabilitation services, specialist equipment, medical case managers and occupational therapists. This professional support, together with the monetary compensation, will help you to rebuild your life and adapt to living with a brain injury.
You are not alone
We understand the devastating impact that a brain injury can have on a person and their family.
We provide dedicated and sensitive support and will work tirelessly to secure you the maximum level of compensation to enable you and your family to have the best possible future.
Contact us today to see how we can help.
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A brain injury can have a devastating impact on the individual, their family, and friends. There is support available from these organisations:
Child Brain Injury Trust (CBIT)
Brain Injury Hub