Brain Injury Claims

We are highly experienced in acting for adults and children who have suffered a brain injury through medical negligence or through an accident which was not their fault. We pride ourselves on fighting tirelessly to get the best possible compensation for our clients and on providing a highly supportive service. Click here to view our recent successes.

Types of Brain Injury Claims

Examples of how a brain injury might give rise to a medical negligence claim include:

Failure to provide appropriate medical care for a head injury
Delayed/Inadequate treatment of neurological conditions such as a stroke, brain tumour or subarachnoid haemorrhage
Delays in managing intracranial hypertension
Delays in treating an infection leading to encephalitis (inflammation of the brain)
Delayed diagnosis/Inadequate treatment of meningitis or sepsis
Failures in anaesthesia or other medical treatment leading to oxygen deprivation (hypoxia)

We also act for children who have suffered brain damage during birth or in the neonatal period. For further information about this, see our Cerebral Palsy Claims page.

The effect of a brain injury (sometimes described as neurological injury) varies widely. In some cases, an injured person is left in a minimally conscious state or might have significant ongoing problems with physical coordination and decision making. Other people may have more subtle injuries but still experience difficulties coping with life in the aftermath of their injury. Brain injury can also cause additional problems, such as visual impairment or epilepsy.

Brain Injury Compensation

We strongly believe that people with brain injuries should have the opportunity to live life as fully as possible. We specialise in obtaining the greatest achievable awards so that our clients can adapt to living with their injuries. This often includes new or adapted accommodation and specialist therapies.

We focus on doing all we can to reduce the stress on our clients and ensure that all avenues to accessing funds as quickly as possible are explored so that specialist rehabilitation not available on the NHS may be considered. We understand how important early interventions can be.

If you or a family member has suffered brain injury through an unexpectedly poor outcome from medical treatment, please contact us to discuss how we can help.

We can visit you at home or in the hospital to discuss your claim.

Expert Brain Injury Lawyers

Every case is investigated by our specialist lawyers, led by a partner. This typically involves working with leading medical experts (such neurologists, neurosurgeons, occupational therapists and psychologists) to understand the injury. We consider how it was caused and its impact on the injured person’s life.

We also calculate the amount of funds required to put in place an individualised package of high-quality care and support, as well as compensation for losses resulting from the injury, such as lost earnings or pension.

We will also provide specialist advice as to how best to structure any award of damages - whether in addition to a lump sum, a periodical payment award (PPO) should be considered to provide an annual amount for life.

We have a specialist Court of Protection Team which can assist with advice, including how to protect an award of damages, and any matters requiring Court of Protection input, such as the need for a Deputy, where a claimant cannot manage their own affairs.

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

For further information about compensation we have secured for clients with brain injuries, see cases we have acted in.

BRAIN INJURY FAQS

What is an acquired brain injury?

An acquired brain injury refers to damage to the brain which occurs during or after a person’s birth. It can be suffered at any stage in life. The description ‘acquired’ distinguishes it from brain damage which occurs before or during birth.

An acquired brain injury can be caused by traumatic injury to the head or may have a medical cause, such as lack of oxygen to the brain.

How long do I have to bring a brain injury claim?

There are strict time limits for bringing a negligence claim for injury in England and Wales. This is called the limitation period.

For adults, the usual rule is that a claim must be formally started at Court within three years of the date the negligence occurred, or of the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later).

Where a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.

Where the claim relates to someone’s death, the limitation period is three years from the date of death or from the ‘date of knowledge’ (if that is later).

There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.

It takes time to investigate a claim, so you should contact us as soon as possible.

Can I bring a brain injury claim on behalf of a child or a family member who is not able to do it themselves?

If a claim relates to injuries suffered by a child or an adult who does not have ‘mental capacity’; a family member (or other trusted person) can act as a ‘Litigation Friend’ and bring the claim on their behalf.

If you are unsure about whether you can bring a claim on someone else’s behalf, we will be able to advise you.

What is the process for bringing a brain injury claim?

We start by obtaining evidence such as medical records, accident reports, witness statements, and expert evidence to prove that the injury was caused by negligence.

We also calculate the amount of compensation that can be claimed. Typically, this involves instructing experienced experts to advise on the injured person’s needs, in order to maximise the level of compensation. We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for the injury) or their insurer.

In some cases settlement is agreed at an early stage. In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read our Guide to Making a Claim.

Will the case be decided by the Court?

Probably not. The vast majority of personal injury and medical negligence claims are not decided by the Court. Occasionally, the Court will decide a case, if it cannot be resolved any other way. If the case has good prospects of success then the Defendant will usually want to settle the claim without a trial and both parties are obliged to explore all settlement options including Alternative Dispute Resolution and Mediation.

Successful claims are usually resolved by agreeing a settlement either before or during formal Court proceedings.

Where the claim is for a child or for an adult who does not have mental capacity, the Court will be asked to consider and approve the settlement. This is a safeguard required under the Court rules to ensure that the settlement is in the best interests of the injured person. The court hearing that concludes such cases is called an “Approval Hearing”.

How is the amount of compensation decided?

We will tailor the compensation claimed to meet the needs of the injured person. No two claims are ever alike.

The first step is to consider how the brain injury has affected the injured person’s life and whether that will change in the future. We then calculate the amount of funds required to meet their additional needs and compensate them. Depending upon the circumstances, this may include funds for:

Private round-the-clock care
Private therapies and medical treatment
Specialist equipment and vehicles
Adapted accommodation
Support with education or work (if that is possible for the injured person)
Compensation for loss of earnings and pension
Compensation for losses in self-employment

We regularly use leading experts and barristers to assist in identifying all aspects of an injured person’s needs.

What happens to compensation obtained for someone with a brain injury?

If an adult has ‘mental capacity’ to manage the compensation themselves, it will be paid to them.

If they do not have ‘mental capacity’ to manage their financial affairs, a professional ‘Deputy’ is usually appointed to manage the compensation on their behalf and to act in their best interests. The Deputy will release funds to ensure that the injured person’s needs are met in an appropriate way.

See Kingsley Napley’s Court of Protection and Deputyship page for further details about the role of a professional Deputy.

I am struggling with effect of a brain injury. Will it take a long time before the case is concluded?

Medical negligence and personal injury claims typically involve detailed investigation and expert evidence. They often take several years to resolve.

Our approach is to seek an admission of liability (i.e. confirmation that negligence occurred and caused injury) as early as possible in the process.

When liability is established, the Defendant usually has to pay part of the compensation immediately. This is known as an Interim Payment. This allows the injured person’s needs to begin to be met while the work to quantify the full amount of compensation continues.

Can I make a 'no win, no fee' brain injury claim?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not (in almost all cases) have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?

How do I access medical records?

Medical records are usually the starting point for our investigation of a claim. With your permission; we request these records directly from the treatment provider(s).

Our clients sometimes wish to obtain copies of the medical records themselves before deciding whether to begin a claim. Please see our Guide to Accessing Medical Records for further information on how to request records.