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Brain injury claims and compensation

A brain injury can have a significant and long-lasting impact on your life. It can lead to significant physical and cognitive impairments that will require ongoing management, something that both you and your loved ones may find challenging to adapt to. But with the right support, you can continue to live a full and flourishing life.

That’s why it’s vital to explore all the different sources of support available to you – and that includes seeking compensation. If the brain injury you suffered was not your fault, you may be able to pursue a brain injury claim. By securing the compensation you deserve, you will be able to offset any financial losses you’ve experienced, and have some additional help in moving forward with your life.

In this post, we’ll look in detail how brain injury claims work. We’ll answer a number of key questions you may have, including how long you have to make a claim and how much compensation you could receive. Finally, we’ll look at the benefits of working closely with an experienced brain injury claims solicitor.

What are brain injury claims?

A brain injury claim is a way of seeking compensation for a brain injury you have suffered for which you were not at fault. For instance, if you have suffered a brain injury through an accident at work, a road traffic accident, or medical negligence, you may be able to seek compensation through a brain injury claim.

Brain injuries are extremely varied in how they can impact your life, but the consequences can be far-reaching. They can lead to long-term or permanent disabilities, make it difficult for you to work, and lead to you incurring ongoing medical costs, alongside the ongoing emotional impact of such a life-changing event.

In this circumstance, seeking compensation may seem like an overwhelming prospect. Nevertheless, a brain injury claim can have significant benefits in terms of your ability to manage your injury and continue to live a happy and fulfilling life. Let’s look more closely at why you should consider making a brain injury claim.

What are the benefits of making a brain injury claim?

A brain injury claim may perhaps be the last thing on your mind after such a traumatic event. You may want to focus on your recovery and on the process of adapting to the changes such an injury involves.

However, the process of making a brain injury claim doesn’t have to be complex and difficult. As we’ll explain below, an experienced brain injury claims solicitor can make the whole process straightforward and easy-to-follow. And by seeking the compensation you deserve, you’ll benefit from:

  • Help with expenses. Whether you are incurring medical costs, need access to specialised equipment or must make modifications to your home to accommodate your new circumstances, all these expenses can mount up and add to your stress. Compensation can help to cover these costs and give you peace of mind.
  • Recovering lost income. Whether you have needed to take a short break from working or are now permanently unable to work, this is not only a financial burden but also an emotional one. Any compensation you receive for a brain injury claim will take this into account.
  • Home Adaptation Costs. Due to your injuries, you may need your home adapting to support your physical restrictions. This could include a downstairs toilet, stair lift, walking aids around the house or even a home move to a more suitable accommodation, such as a bungalow.
  • Acknowledgment of your difficulties. A compensation award also serves as an acknowledgement of the suffering your injury has caused. This can be enormously beneficial to your emotional health, helping you to feel that the damage your injury has caused is not being overlooked.
  • Accountability. By pursuing a brain injury claim, you are ensuring that the person or organisation liable for your injury is held accountable. This may be a negligent medical practitioner or a workplace with improper safety procedures. Either way, a brain injury claim can ensure that these faults are formally identified, which may help to prevent this happening in future.

As you can see, a brain injury claim can bring significant benefits at this extremely trying time. But you may be wondering if your situation qualifies you for making a brain injury claim. Let’s look more closely at the conditions for pursuing a claim.

Who can make a brain injury claim?

Brain injury claims are an option for anyone who has suffered a brain injury through no fault of their own, particularly if this injury has had an ongoing impact on their lives. Brain injuries can lead to:

  • Extensive time off work, inability to continue in your existing job, or being unable to work at all
  • Ongoing medical treatment that may be time-consuming and painful and which may result in significant costs
  • Emotional difficulties including anxiety, post-traumatic stress disorder (PTSD) and other mental health issues
  • Inability to continue pursuing hobbies or interests

If you have experienced any of these challenges following a brain injury for which you were not at fault, then you may be able to seek compensation through a brain injury claim. As we’ll explain below, the more long-lasting and severe the impact of your injury, the more compensation you are likely to receive.

It’s also important to be aware that you can make a brain injury claim on behalf of someone else. If a friend or loved one has suffered a brain injury that has rendered them unable to make decisions or manage their own affairs, you can apply for the authority to make a claim on their behalf. Similarly, if you are the parent or legal guardian of a child who suffered a brain injury when they were under the age of 18, you can pursue a claim on their behalf.

How much compensation can I get for a brain injury claim?

As with all types of serious injury claim, the amount of compensation you will receive will depend on a variety of factors. This includes the severity of your injury, any loss of earnings you may have experienced, and any medical costs you may have incurred.

As we’ve explained in a previous blog post, compensation awards for personal injury claims are not decided on a standardised rate. Instead, the award will be determined based on a range of personalised factors. This is intended to ensure that the compensation you receive will truly make a difference to your life – and that’s why it’s so important to pursue a claim if you are able.

Is there a time limit for making brain injury claims?

As with most forms of personal injury claim, including catastrophic injury claims, there is usually a time limit of three years from the date of the accident for making your claim. This may seem like a tight deadline, but as we’ll explain below, the support of an experienced brain injury claims solicitor can ensure this is easily manageable.

It’s also important to be aware that, in the case of brain injury claims especially, there may be some exceptions. If your brain injury rendered you incapable of managing your own affairs for a period of time, this may prolong the three-year limit. Similarly, if you were under the age of 18 when you suffered the injury, the time limit would begin on your 18th birthday.

Of course, whether you believe you may have cause to extend the three-year deadline or not, your best choice is to speak with a brain injury claims solicitor as soon as possible. Let’s look in more detail at the advantages they can bring.

What are the benefits of working with a brain injury claims solicitor?

A brain injury is a tremendously disruptive and difficult experience. In this context, making a compensation claim may seem like a major burden. But by working with a specialist brain injury claims solicitor, it doesn’t have to be. There are many benefits of choosing a solicitor with knowledge and experience in this area, including:

  • Expert knowledge. A solicitor with experience with brain injury claims will have a detailed understanding of the legal issues and the relevant regulations. As a result, they’ll be able to give you the best possible advice regarding your claim.
  • Maximised compensation. As a result of their specialist knowledge, an experienced brain injury claims solicitor can also ensure you claim the full amount of compensation you are entitled to. And by presenting your case in the most compelling way, they’ll maximise your chances of getting the compensation you deserve.
  • Tailored support. Thanks to their extensive experience of working with people who have experienced life-changing injuries, a dedicated brain injury claims solicitor can offer a sensitive, personalised service that is responsive to the challenges you face.
  • Simple process. Any type of catastrophic injury claim will require gathering evidence to support your claim, from medical records to witness statements and beyond. With an experienced solicitor to support you, this process can be made far simpler. They’ll know exactly what information is needed and will be able to seek it on your behalf.

As you can see, there are a range of benefits to working with an experienced brain injury claims solicitor. And these are benefits we’re proud to offer here at HNK Solicitors.

HNK Solicitors can support your brain injury claim

A serious brain injury will have life-changing repercussions for you and your loved ones. These will require extensive adaptation and ongoing treatment. For this reason, you should strongly consider pursuing a brain injury claim if you have sustained a significant brain injury through no fault of your own. By securing the compensation you are entitled to, you’ll be better placed to adapt and move on with your life.

Here at HNK Solicitors, we have extensive experience supporting people who have suffered a brain injury – as well as a range of other catastrophic injuries – to secure the compensation they deserve. With our in-depth knowledge of the relevant legal statutes and our commitment to delivering a sensitive service for all our clients, we can support you to build a flourishing future.

Our expert team offers free consultations, with no obligation to claim. So if you are considering pursuing a brain injury claim, call us on 0151 668 0809, or email us at enquiries@hnksolicitors.com.

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