Brain injury claims

Brain injury compensation claims

In the UK, making a brain injury compensation claim is a means to help provide access to expert healthcare, future care, and give individuals and families the chance to rebuild their futures after life changing injuries. Compensation claims can cover lost earnings, medical expenses, and the costs of ongoing and future care, reflecting the serious injury and long-term needs that brain injury clients and brain injury patients often face.

As dedicated personal injury solicitors and brain injury solicitors, our specialist solicitors at Enable Law have guided many people and their families through these challenges with a unique blend of legal prowess, deep empathy, and hands-on, practical support. We understand the complexity of brain injury cases, including acquired brain injury, hypoxic brain injury, traumatic brain injury, and diffuse axonal injury, and are committed to securing maximum compensation for our clients. 

Our team provides ongoing support throughout the claims process, ensuring that brain injury survivors and their families receive the guidance and resources they need, in partnership with charities, support services, and brain injury associations such as Headway. We always focus on both justice and the well-being of those affected, recognising the profound and lasting impact of severe brain injury, severe brain damage, and mild traumatic brain injuries with even mild symptoms.

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A brain injury refers to any harm that alters how the brain functions, arising from diverse causes such as traumatic impacts to the head (traumatic brain injury), deprivation of oxygen (hypoxic brain injury), or medical conditions and infections that occur after birth (acquired brain injury). Traumatic brain injury is caused by external force or impact, while acquired brain injury includes both traumatic and non-traumatic causes. Hypoxic brain injury is specifically caused by oxygen deprivation to the brain, which can result from incidents such as drowning or medical complications.  These injuries span a spectrum, ranging from mild cases such as concussions, where mild traumatic brain injuries may present with mild symptoms and a loss of consciousness lasting 30 minutes or less, to moderate injuries with a Glasgow Coma Scale score of 9 to 12 and significant cognitive impairments, and severe brain injury or severe brain damage, which can result in a loss of consciousness of more than 6 hours and a Glasgow Coma Scale score of 3 to 8.  Severe brain damage often leads to substantial disabilities, loss of independence, and a profound impact on a person’s life, requiring lifelong care and support. Diffuse axonal injury is one of the most serious types of brain injury, often resulting in extensive and lasting effects. Many individuals with brain injuries experience challenges such as troubles with memory, confusion, or difficulty processing information. Changes in personality, mood swings, and alterations in behaviour may emerge, making interactions and daily routines unpredictable, and in some cases may overlap with or be complicated by mental health failings in care. Physical struggles are common as well, including issues with movement, speech, or comprehension, while senses such as vision and hearing can also be impaired. Every case is unique, but the shared feature is that a brain injury has far-reaching effects across a person’s cognitive, emotional, and physical life. A brain injury can occur in various ways, though some examples that could involve a brain injury claim include: A brain injury can impact the survivor in many ways, many of which are not visible to the naked eye. Following a brain injury, someone may find it difficult to concentrate, experience problems with co-ordination or speech, develop behavioural issues or suffer impaired mental capacity. Any of these can leave you needing extra support in life and that’s something a brain injury claim can help with.
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Your rights and eligibility

If someone else was even partly responsible for your injury or that of your loved one then you are likely to have a right to compensation. It’s vital to speak to a specialist brain injury solicitor to understand if you have a valid claim. Compensation can greatly improve your quality of life after a brain injury and without it your future or that of your loved one may be more negatively affected  than is necessary.

Although it may offer some comfort to get accountability for what happened, ultimately brain injury claims are about future proofing and ensuring you have the financial support necessary to cope with the situation you are in.

Brain injury compensation can be particularly complex due to the uncertainty of future requirements, particularly for brain injuries to children due to their brains still developing, which can also give rise to issues around special educational needs. This means it can take years for you to find out exactly how a child has been affected, especially with younger children. Because of this, there are longer timescales in which to start a claim in the case of a child.

How can compensation help?

Paying for the care and therapy  needs of someone who has suffered a brain injury is a huge worry. That’s why pursuing a claim for  compensation is vitally important for families and why it is better to work with a specialist solicitor who understands the likely needs and costs you may face in the future, including setting up personal injury trusts to help protect your compensation.

Our brain injury solicitors work with families to consider current and future needs to ensure our compensation claims are comprehensive and seek to gain the fullest settlement possible, working closely with expert witness solicitors where specialist evidence is needed.

Brain injuries vary so greatly that the level of support required for someone who has one varies hugely too.

In cases of severe and complex brain injury things to consider may include:

  • long term caring needs
  • needs relating to personal independence
  • benefits advice
  • loss of earnings
  • communication and mobility aids
  • psychological and physical treatments
  • house adaptations / purchase of adapted home
  • re-enablement services for the survivor to be able to access activities and hobbies they enjoyed before their injury
  • support for any dependants the survivor may not be able to care for at the same level as before their injury

Medical experts play a crucial role in assessing the severity and long-term impact of brain injuries. Advanced imaging techniques such as 3T MRIs and Diffusion Tensor Imaging (DTI) can detect microscopic brain damage that standard tests may miss. It is important to note that traumatic brain injuries may not always be visible on standard CT or MRI scans, which can complicate diagnosis and claims. Comprehensive medical records, including A&E notes, GP records, and diagnostic imaging, are essential evidence in brain injury claims to establish the extent and cause of the injury.

Trusted expertise

As expert solicitors focusing on serious injury, medical negligence, mental capacity and education, you can trust us to get the best results for you.

We know how hard it is to deal with the harm you or a loved one has suffered. We’ll support you with empathy every step of the way.

We can help you on a no win no fee basis, meaning you don’t need to worry about funding legal costs

Our support doesn’t end after a claim. We can help you with your financial affairs after settlement and introduce you to charities and organisations that might be able to help you going forward.

Choosing a brain injury compensation lawyer

A brain injury claim can change your life in fundamental ways, and that’s why it is important to have a legal team fighting for you that understands what you’re going through. Choosing specialist solicitors with experience in complex brain injury cases is essential, as specialised legal representation is often required to ensure your claim is properly assessed and your rights are protected.

A personal injury solicitor will guide you through the legal process, managing all legal proceedings and negotiations to achieve the best possible outcome. As specialist brain injury solicitors in the UK, our reputation is built on recognition by prominent legal directories, including Legal 500 and Chambers, as well as strong endorsements from respected organisations such as Headway and the Child Brain Injury Trust. Crucially, we operate on a “no win, no fee” agreement for brain injury claims, which means you do not pay any legal fees upfront and only pay if your claim succeeds, minimising your financial risk.

Our solicitors provide ongoing support throughout the claims process, ensuring you understand your options at every stage. We can also assist where a brain injury has meant that the injured person no longer has mental capacity, and help set up safeguards for their future. Get in touch today to begin your journey to getting the compensation you deserve.

Client stories

Brain injury charities we work with

As specialists on brain injury compensation cases, we have developed strong relationships with associated charity partners. We recognise the vital role that brain injury associations play in providing support services, information, and advocacy for those affected by brain injuries.

Enable Law is proud to be corporate partners with the Child Brain Injury Trust, and we are their chosen Legal Support Service provider for the South West.

We work closely with Headway, the brain injury charity, both nationally and with local groups such as Headway Somerset, Headway Bristol, Headway Devon and Headway Herefordshire. Charities like Headway offer invaluable support and resources for brain injury survivors and their families, helping to guide them through recovery and the legal process. Support services for brain injury survivors often involve collaboration with rehabilitation specialists and case managers to ensure comprehensive care and assistance.

Our partners

Expert brain injury solicitors

Our experienced, specialist brain injury lawyers are here to help you with the intricacies of a claim for brain injury compensation. Call now to speak to one of the team to find out more.

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