Brain & Head Injury Compensation Claims
If you’ve suffered a brain injury as a result of an accident that wasn’t your fault, our specialist head injury solicitors can help you claim compensation.
Traumatic brain damage or serious head injury can have a profound and long-term effect. Depending upon the severity of the trauma and the part of the brain affected, the effects can be physical, cognitive or psychological. Your way of life can be radically altered.
Our team are highly experienced in supporting people living with head and brain injuries and their loved ones, so can offer the clear, practical and sensitive support you need at this difficult time.
We can guide you through the whole claims process, helping you to get the financial support you need to live as fully and independently as possible following your injury. The vast majority of claims we handle are settled out of court, saving you time and money and making the claims process easier on you.
You will be assigned a dedicated solicitor, supported by a team of experienced paralegals and legal secretaries, to help you establish a personal care support scheme, making sure you have access to all of the support services you need for your recovery.
Before you make a decision about starting a claim, we will offer a ‘no-win, no-fee’ consultation with a specialist personal injury solicitor to talk about your options and how best to fund your claim. We want you to have complete confidence in our team when you work with us.
We are able to offer no win, no fee head and brain injury claims, meaning there is often no need for you to make any payment upfront to start a claim.
Our head and brain injury solicitors work with clients all over the UK from our six offices spread across Bristol and the surrounding area in Bedminster, Clifton, Horfield, Kingswood, Queen Square and Thornbury.
Our head + brain injury expertise
Our personal injury solicitors act for clients throughout the UK on a wide range of head and brain injury compensation claims, including the most high value and complex claims.
We are accredited by the Law Society for Personal Injury law and by the Association of Personal Injury Lawyers (APIL), reflecting our exceptional expertise in handling all types of personal injury claim.
Our team are recognised as leading personal injury lawyers by the top client guides to the legal profession – Chambers and Partners UK and the Legal 500. We have achieved band 2 ranking by Chambers and Partners UK and tier 3 ranking for the South West by Legal 500.
We are also on the approved brain injury solicitors list of leading brain injury charity, Headway, and are associated with the Brain Injury Group, a national network of dedicated brain injury lawyers.
Brain + head injury FAQs
The first step is to book a free initial consultation with our personal injury solicitors. You can then explain your situation to us and we can give you our opinion on how likely we think you are to be able to secure compensation.
We will then discuss your legal options with you and how the claims process works. At this point we will also take you through the various options for funding your claim, including a no win, no fee deal, and discuss the likely timescales for the various stages of the claims process.
The majority of our personal injury clients work with us on a no win, no fee basis, more formally known as a ‘conditional fee agreement’. This means that you do not pay us anything to start a claim for you and you only have to cover our fees if we secure compensation for you.
The key benefits of this are that it means there is no financial risk to you in starting a claim and you do not have to worry about whether you can afford our fees.
If we do not win compensation for you, you won’t owe us anything. Where we do win damages for you, our fee will be based on a percentage of those damages, so will always keep the majority of any compensation.
Depending in the circumstances, there can be other options for funding a claim that may be appropriate. These include legal expenses insurance, as well as trade union funding for workplace head and brain injuries.
Read more about ways to fund a personal injury claim.
For most types of personal injury claims, there is a standard time limit of three years from the date of the accident to claim compensation. However, this time limit does not necessarily apply to many types of head and brain injury claims.
This is because the three-year time limit only applies if the claimant is considered to have the ‘mental capacity’ to bring a claim. Where the claimant is judged not to have mental capacity, there is no time limit for someone else to bring a claim on their behalf.
Because brain injuries often affect mental capacity, therefore, there is often effectively no time limit for bringing a brain injury claim. However, you will need to apply to a judge to determine if the claimant has mental capacity, so it is important to do this as soon as possible.
Other situations where the standard three-year time limit may not apply are:
- If the claimant was under 18 at the time of the accident. Then their parents or guardians can bring a claim until the claimant turns 18. The claimant can then bring their own claim until their 21st.
- If you need to claim for a fatal head or brain injury. Then you will have three years to claim from the date of your loved one’s death.
Whilst our brain and head injury solicitors are working on your claim, we’ll ensure you have access to the ongoing rehabilitation and the expert support you need in order to make the best possible recovery from your injuries.
Our solicitors will also seek interim payments from the other party.
We know how difficult it can be to come to terms with a serious head injury, so we’ll refer you to support organisations outside the legal process. As far as possible we want to assist in returning you to your pre-injury lifestyle and guide you to achieve those goals.
We work closely with Headway, a charity providing help and information to those affected by head and brain injuries, and recommend that you contact them for guidance.
When working out how much compensation you are entitled to, there are various factors to consider to make sure you get the full amount available.
Our head and brain injury solicitors can advise you of all of the damages you may potentially be entitled to, including:
- Medical + care costs: This includes any fees you have had to pay for private medical treatment, rehabilitation services, private carers and other types of support required due to your injuries. It can also cover any expected future costs of this nature.
- Specialist equipment + home adaptions: Where you need to buy any equipment or pay for adaptions to your home or vehicle to accommodate the effects of your injuries.
- Pain and suffering: Including both physical and emotional pain.
- Lifestyle changes: Such as having to give up hobbies you previously enjoyed due to the effects of your brain injury.
- Loss of earnings: If your injury means you’re unable to work, we’ll ensure that loss of earnings and job prospects are taken into account when negotiating your settlement.
No amount of damages can adequately compensate you for the potentially devastating effects of a serious brain or head injury. But damages can help you regain your independence and access the level of care and support you need to enable you to lead as normal a life as possible.
A common concern for clients is how they will pay for the essential rehabilitation services and other types of support they or their loved one need while their claim is ongoing.
In many cases, we are able to secure interim payments from the defendant to cover these costs while your claim is being dealt with. This means you do not miss out on the help you or your loved one need to make the best possible recovery.
In almost all cases, we are able to secure compensation for head and brain injuries through an out-of-court settlement with the party responsible for your injuries. This allows you to avoid the stress and uncertainty of court proceedings and usually allows the process to go much faster and with lower legal fees.
Where the defendant will not admit liability, or they dispute the level of liability or damages, it may be necessary to for us to initiate court proceedings on your behalf. In such cases, the defendant is still very likely to agree to a pre-trial settlement, so it is very rare that you would need to attend court.
However, if a court hearing is required, we will be with you every step of the way. Our team will ensure you have the very best legal advice and representation, as well as the empathetic personal support you need for every stage of court proceedings.
We can advise you on putting any compensation you received into a personal injury trust. This allows you to use the money, but ring-fences it so it will not be considered as part of your assets for any means-tested benefits you rely on or may need to rely on in future.
We can also act as professional Court of Protection deputies where a loved one has been left without the mental capacity to manage their own affairs following a brain injury. This means we can ensure your loved one’s compensation is managed in their best interests.
Our team can also advise you on the investment of damages, helping you to get the best value out of your compensation long-term.
Our head + brain injury claims success stories
Seven figure lump sum and annual payments for brain injury following motorcycle accident
We secured a seven-figure lump sum and annual payments totalling a six-figure sum over 10 years for a client left with a serious brain injury following a motorcycle accident.
The defendant initially denied full liability, but following a meeting between both parties and with the support of our legal team, we were able to agree an out-of-court settlement.
This settlement covered the immediate impact on the client, as well as consideration for lost future income the client would have likely earned as a partner in a commercial law firm.
Seven-figure pre-trial settlement for severe head and brain injury after fall onto concrete
We represented a client who suffered a severe head and brain injury after a workplace accident that saw her fall through the floor onto concrete. The client was left with a range of physical, cognitive and mental health issues, including epilepsy, problems with short-term memory, anxiety and panic attacks.
We initiated court proceedings, but the defendant then admitted liability and we were able to negotiate a seven-figure settlement to cover our client’s pain and suffering and financial losses, as well as the future financial impact of her injuries.
Support for head + brain injuries
Barcan+Kirby is proud to be associated with the Brain Injury Group, a national network of dedicated brain injury lawyers and other specialist brain injury services.
The Brain Injury Group provides a gateway to information and advice for brain injured people, their families and carers. Members of the Brain Injury Group are able to offer access to a complete package of support.
Headway is the UK’s leading brain injury charity offering information and support to help improve life for people who have experienced a brain injury. They also offer a Brain Injury Identity Card, which can be a vital tool for helping others to understand and accommodate those living with a brain injury.
Start a head or brain injury compensation claim today
We offer a free consultation with a specialist personal injury solicitor to talk about your options and how best to fund your claim.