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Brain and head injury claims

This page is for those who have experienced head and brain injuries at work, in a public setting, road traffic collision or other type of accident. For injuries sustained in a healthcare setting, visit our brain injury medical negligence page

Head and brain injuries can arise in many ways, including through an accident at work, being involved in a road traffic collision or an accident due to the negligence of someone else. 

Every year 1.4 million people in England and Wales visit emergency departments with a head injury, with around 200,000 admitted to hospital . If you or a loved one have experienced a severe brain or head injury, your life and the lives of those around you are likely to change forever.

Even minor brain injuries can result in long-term symptoms such as fatigue, headaches, dizziness and vision problems. These can impact on your ability to work, carry out domestic tasks or to undertake activities of daily living.  Therefore, no matter the severity of your head or brain injury, you may still need to bring a claim for compensation. 

If you have suffered a brain injury, it’s important to get access to early treatment and rehabilitation to aid your long-term recovery.

Bringing a compensation claim can secure funds to prevent financial hardship, maximise your rehabilitation and provide long term financial security.

Our specialist brain injury team has more than 30 years’ experience and have secured millions of pounds in compensation for injured clients. We are experts in this specialist field, as accredited by Headway, the brain injury charity  – a UK-wide organisation working to improve lives after a brain injury. 

We can guide you through the process of a legal claim step-by-step, to help you achieve the best possible outcome.

Ready to talk? Speak to one of our expert brain injury solicitors about your claim. Call 020 7650 1200 or





 

Making a brain or head injury claim

People can suffer brain injuries due to various circumstances, such as:
 
  • Road traffic collisions
  • Workplace accidents
  • Sports injuries
  • Accidents abroad
  • Slips, trips and falls
  • Defective products
 
The consequences of any such brain or head injury can vary greatly. Establishing liability (fault) of another party is crucial to bringing a successful injury claim. 
 
To discuss bringing a claim, contact one of our specialist brain injury solicitors who will be able to offer a free initial consultation.  A brain injury lawyer from the team will discuss with you the circumstances of your injury, obtaining the relevant information to assess your potential injury claim.  
 
Advice will be provided on the next steps to progress your claim. Often this will involve gathering evidence to support your case. This can include:
 
  • Medical records and documents related to your head or brain injury and treatment received;
  • Witness statements from those who have seen the incident in question, such as work colleagues or other drivers at the scene;
  • Financial records and documents;
  • Police or HSE reports, including photographs and plans of where the incident took place.

Interim payments and insurance for brain injuries

Interim payments are paid while the claim is continuing as an advance on the final compensation payment. We regularly secure early interim payments for our brain injured clients.  These can be very significant sums, such as to purchase a new adapted property or fund large care packages.  These payments can be obtained where it can be established that the defendant will be deemed responsible for your injury. 
 
Interim payments can be used to help pay for the cost of rehabilitation, such as specialist treatment, physiotherapy, or equipment when they are needed, rather than wait until the conclusion of the claim. 
 
Once the claim has settled, the interim payments are deducted from the final damages award.
 
If you or a loved one lacks capacity following a brain injury, the compensation, which can be several million pounds, will need to be managed by the Court of Protection. We have many years’ experience of working with Court of Protection Deputies to ensure that the financial position of vulnerable clients is protected.
 
To discuss your brain or head injury claim:
 
  • Call 020 7650 1200 and speak to one of our brain injury lawyers or email the team and someone will get back to you


 

 

Brain or head injury compensation

Brain injury compensation awards can be used to maximise your rehabilitation and to rebuild your life after experiencing what can be a devastating injury with far reaching consequences. 
 
Compensation for head injury claims usually comprised of:
 
  • Loss of earnings – for past losses incurred due to time off work during recovery and rehabilitation, but also future losses for the rest of your working life if you cannot return to work at all, need to work in a different role or can only return in a limited capacity;
  • Rehabilitation, such as physiotherapy, neuropsychology and speech therapy;
  • Care support to help with accessing the community, undertaking activities of daily living or domestic tasks you can no longer complete;
  • Adapting your property or moving house to accommodate your new needs, such as a long term disability requiring wheelchair use;
  • Specialist equipment to support a disability as a result of the head or brain injury;
  • Medication and treatment costs, such as private surgery;
  • Travel expenses, such as the cost of attending therapy and other medical appointments;
  • Pain and suffering caused by the injury, as well as the reduced ability to undertake pastimes and hobbies;
  • Funeral costs in the event of a death caused by the brain or head injury.
 

How much is a brain or head injury claim worth?

The amount compensation awarded will depend on the specifics of your case and your personal circumstances – from the severity of your injuries to the long lasting impact on your life.  
 
The aim of compensation is to put the injured party back in to the position they would have been in before the brain or head injury, insofar as money can do so.  Factors such as someone’s age, career potential and their long term support needs will affect the value of their claim.
 
A few examples of the successful outcomes secured for our clients can be found in some of our head injury compensation case studies: 
 
  • K’s story – K was knocked over crossing the road on holiday in Italy and suffered a severe brain injury. His son acted as his litigation friend to pursue the claim. The case became complicated as the defendant was a French national but it was governed by Italian law. The Leigh Day team obtained specialist forensic accident reconstruction evidence, obtained early, significant interim payments and secured a settlement of damages to cover K’s lifelong need for 24-hour care, professional Deputyship, therapies and case management to enjoy the best possible quality of life.
  • Holly’s story – In August 2014, Holly was knocked over by a car and suffered a severe traumatic brain injury. She has had significant ongoing cognitive problems since, such as poor memory, mood swings, headaches and fatigue. Her mother moved from a full-time college tutor position to a part-time role to care for Holly. Leigh Day appointed a specialist brain injury case manager, who helped Holly move into her own home, arranged therapies and support workers. Specialist medical experts were instructed to evidence what the consequences were of the brain injury. Working with an experienced barrister, we achieved a favourable settlement for Holly at an Independent Evaluation.  

Why choose Leigh Day?

The Leigh Day team has more than 30 years’ experience in the field of personal injury. Our specialist brain injury solicitors work hard for our clients across a variety of complex cases involving road traffic collisions, workplace accidents and falls in public places. 

Sally Moore is head of the personal injury department at Leigh Day. She specialises in high value cases for individuals who experience life changing personal injuries. 
“Sally Moore and her team came into our family in the early stages of recovery and were immediately highly professional, sensitive and most of all respectful of the complexities of trauma.” - Legal 500 2020.
A notable achievement includes settling a claim on behalf of a severely brain-injured advertising executive, which at the time was one of the highest ever damages awards. Sally is Chair of Headway West London (a group providing support to brain injury survivors and their families) and a Fellow and brain injury specialist and assessor of the APIL.
 
Contact Leigh Day to discuss your brain or head injury claim. Call 020 7650 1200 or 
 
 
 

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