Brain Injury Solicitors: Serious Brain Injury Claims

If you or someone close to you has suffered a serious brain injury in an accident, or due to someone else’s negligence, contact one of our trusted Brain Injury Solicitors today for a free, no obligation consultation.

The idea of starting a complex personal injury claim can be daunting, especially when you and your loved ones are suffering both physically and emotionally as a result.

The severity of brain injuries means that it is often difficult or impossible for the victim to pursue a compensation claim independently. Let us help.

If you or a loved one has sustained a serious brain injury through no fault or your own, call Sheldon Davidson Solicitors today to arrange a conversation with an expert Brain Injury Solicitor.

We will listen to your particular situation and advise you on whether you have good cause to make a financial compensation claim. SDS is recognised across Greater Manchester as the leading law firm for brain injury claims.

Established in 1997, we have over 20 years’ experience of helping people to get financial compensation when they’ve been the victim of an accident or negligence.

All you have to do in the first instance is pick up the phone and have an initial conversation with one of our specialist Personal Injury Lawyers in Manchester.

No Win No Fee Brain Injury Claims

Even if you believe you have a strong case to make a compensation claim, the high costs of pursuing a legal case can be off-putting.

At SDS, we can draw on years of experience to judge, with a high degree of confidence, the likelihood of your claim being successful. If so, we will fight your case on a no win, no fee basis.

You have nothing to lose by calling us today to examine your case.

Can I make a Brain Injury Claim?

If you have suffered a brain injury in an accident that was caused by the negligence of another individual or organisation, then it will be possible to make a Brain Injury Claim.

In England and Wales, around 1.4 million people go to the hospital emergency departments with a head injury.  Sadly, the majority are children under the age of 15.   About 200,000 people are admitted to hospital with head injury each year, and it is the most common cause of death for under 40s.

Many of these accidents could have been avoided had it not been for the negligent actions of someone else. The victims should therefore be compensated.

It doesn’t matter whether the brain injury was caused in a car accident, an accident at work, a health and safety breach in a public place, or through criminal violence, if someone else is responsible for what happened, talk to our trusted Brain Injury Solicitors today.

What counts as a serious head or brain injury?

A Traumatic Brain Injury (TBI) is caused by a bump, blow, or jolt to the head that disrupts the normal function of the brain. Together with the spine, the head and brain are the most fragile parts of the human body.

Brain damage can have serious consequences, causing pain and suffering, loss of mental capacity, and serious limitations on the person’s way of life.

Whether your brain injury is mild or severe, you may struggle with basic functions that healthy people take-for-granted, such as breathing, talking, standing upright, making voluntary movements, motor control, short- and long-term memory, or eating and drinking.

Losing the ability to perform these basic functions independently can be life-changing, both for you and your loved ones who may find themselves as carers unexpectedly.

The type and severity of brain injuries can vary widely.

Some brain injuries cause immediate damage, such as a fractured skull, whilst others can be less obvious and only noticeable over time.

Concussion, for example, may appear temporary and initial symptoms may disappear, but a person can be left with behavioural or mood-change issues, or regular headaches and sleep problems, all of which can affect quality of life.

Sometimes medical misdiagnosis is the cause of symptoms appearing after the initial injury.

Every brain injury is unique.

From the circumstances of the accident, to the way the injury impacts the victim’s life, no two cases are the same.

In response, we tailor our services to each client’s individual needs, striving for the best outcome for you personally at all times.

The specialist Brain Injury Solicitors at Sheldon Davidson Solicitors are widely recognised for their in-depth knowledge, compassionate approach and fierce determination to get the best possible results for clients with brain injury compensation claims.

If you or someone you know has suffered a brain injury, contact our trusted Brain Injury Solicitors as soon as possible to find out how we can help.

We will be able to determine whether your specific circumstances are likely to warrant financial compensation and whether your case has a high chance of success.

What are the causes of serious brain injury?

Head injuries are the most common cause of disability and death in people aged 1–40 in the UK. 1.4 million people attend emergency departments in England and Wales each year with a recent head injury.

Due to its fragility and the vital functions the brain performs in the body, the head is extremely vulnerable in any type of accident. We go to great lengths to protect the head when performing everyday activities, such as wearing helmets, hard hats, seatbelts, and taking precautions in workplaces such as building sites where falls from height are a possibility.

Still, statistics reported by Headway, the brain injury association, show that in the UK alone someone suffers an acquired brain injury every 90 seconds and a head injury every 3 minutes.

According to the National Center for Injury Prevention and Control, between 40% and 50% of all brain injuries are due to the person being involved in a road accident.

Some of the common causes of traumatic head and brain injuries are:

• Road traffic accidents.
•  An accident at work, such as a fall from height.
• A slip, trip or fall.
• A physical attack or assault by another person

Mistakes can occassionally occur in medical settings which lead to serious brain injuries, for example during brain surgery or during diagnosis.

Some common causes of brain injury by medical negligence include:

• Mistakes and delays in diagnosis
• Mistakes made in childbirth
• Surgical errors
• Infection
• Medication errors
• Anoxia (a lack of oxygen)
• Anaesthesia

How are brain injuries categorised?

The ‘Initial Injury’

Most often, there is no open wound in a head injury. Referred to as a ‘closed’ injury, this type of injury may occur if someone receives a severe jolt to the head.

A common example is a one car crashing into the back of another. In this type of accident, a person’s head can be pushed backwards and forwards, or violently turned. This causes the nerve fibres of the brain to twist, stretch and tear.  It can also cause the brain to collide with the skull.

The damage this can cause is called ‘diffuse axonial’ brain injury. This can damage arteries and veins in the brain, leading to bleeding.

If the brain is exposed and damaged, this is called an ‘open’ injury.

This type of injury is less common but is frequently caused by a collision between the brain and a sharp object.

An example of a car crash resulting in an open injury would be one where a person is thrown from a vehicle and collides with a fence.

Crushing injuries are rarer but can occur if the skull is crushed between two objects, such as the wheel of a lorry and a road. This can result in damaged nerves of the brainstem and the base of the skull rather than the actual brain.

The ‘Second Injury’

Oxygen starvation following the initial injury can lead to further brain damage. Known as ‘second injuries’, this may happen if a person is in the wrong position following the head injury, or has suffered considerable blood loss, resulting in lack of oxygen.

The ‘Third Injury’

Bleeds, swelling, or bruising following the initial injury – known as the ‘third injury’ - can cause further problems. Swelling of the brain may interrupt circulation of blood in the brain and can lead to death.

Can I claim on behalf of the victim of a brain injury?

Yes. We frequently work with the family members or close friends of the victim, especially if they do not have the capacity to pursue a claim by themselves.

If you are unsure whether you are entitled to make a claim, pick up the phone and speak with one of our trusted Brain Injury Solicitors who will advise you of your rights.

What can a brain injury compensation claim cover?

At Sheldon Davidson Solicitors, we believe that life-changing injuries deserve life-changing compensation, enabling the victim and their family to have the best possible treatment and outcomes.

As such, we will work with you to ensure every aspect of the victim’s life before and after the injury is considered and valued. This means that we will seek the award of a compensation package that delivers everything required to enable the victim to enjoy an optimum quality of life.

Such a compensation package may include funds to cover:

• Modifications to the home
• Modifications to transport
• Access to on-going care and rehabilitation
• Access to respite care Loss of earnings for the victim and his/her carers

Are there time limits for making a Brain Injury Claim?

It is always recommended to seek legal advice as soon as possible after your accident.

Usually, you must issue court proceedings within three years of you first being aware that you have suffered an injury.

In exceptional circumstances, a court may decide to extend a time limit e.g. if someone is unable to bring a legal claim themselves.

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

How much can I expect to be awarded in a Brain Injury Claim?

As with all personal injury claims, the amount of compensation you are able to claim depends on the nature and severity of your injuries and the impact they have on your life.

Unfortunately, brain injuries are among the most serious types of injury that can happen to a person.

Significant pain, suffering and loss of amenity are typical outcomes of a brain injury, and the law recognises this severity through the level of compensation that can be awarded to those whose injuries were caused through no fault of their own.

For those who survive a severe brain injury, recovery can take many months or years. The effects can last a lifetime.

Even a relatively minor head injury can have serious implications for the long-term health of the victim, even causing changes in a person’s personality.

Longer term treatment is necessary for some patients, including vocational, physical, and cognitive rehabilitation.

Over a lifetime, the cost can be extremely high.

The team of trusted Brain Injury Solicitors at SDS will make sure every factor in your case has been considered in detail, to ensure the value of the compensation awarded accurately represents the losses and damages you have suffered both now and into the future.

The Judicial College Guidelines set out the amount of compensation paid out for general damages relating to brain injury.

Below is a summary of the current guidelines on compensation settlement amounts for pain and suffering caused by brain injury.

Very Severe Brain Damage - £247,280 – £354,260

The victim’s capacity to acknowledge their environment is significantly reduced, and full time care is required.

Moderately Severe Brain Damage - £192,090 – £247,280

The injury has caused severe mental and/or physical disability, and the injured party will be significantly dependent on others to help with daily life.

Moderate Brain Damage (i) - £131,620 – £192,090

The person is less dependent on others, but there may be personality changes, reduced intellect, reduced motor function, speech problems or problems with sight or other senses. There may be a serious risk of epilepsy.

Moderate Brain Damage (ii) - £79,530 – £131,620

Moderate impairment to the intellect. The possibility of returning to employment is low or unlikely. Possible risk of suffering from epilepsy may also exist.

Moderate Brain Damage (iii) - £37,760 – £79,530

The person’s memory or ability to concentrate will be affected and while employment opportunities may exist, they will be more limited than before the injury.

Less Severe Brain Damage - £13,430 – £37,760

In these cases a strong recovery can be made. The person will be able to return to work, but may suffer some concentration, memory or mood problems.

Minor Brain or Head Injury - £1,940 – £11,200

In this bracket, permanent brain damage is minimal, or non-existent. The final settlement amount will depend on the time needed for recovery, the severity and degree of trauma surrounding the injury and any ongoing symptoms which could include headaches.

What treatment is available for brain injuries?

A compensation claim for your brain injury can help to support the services which can help promote recovery.

These include:

Rehabilitation

Most people who have had a significant brain injury will require rehabilitation – including physiotherapy – to relearn even basic skills, such as walking or talking. Often this will start at hospital and continue at an inpatient or outpatient rehabilitation unit, or a residential treatment centre. Private rehabilitation therapy is expensive, so a claim for compensation for your brain injury can really help.

Psychological support including cognitive behavioural therapies

Both the brain-injured person and their families – who are often their primary carers – can benefit from talking therapies. The emotional impact of series head injuries should not be underestimated, with many victims suffering personality changes, mood swings and depression.

Other treatments for head and brain injury

Speech and language therapy, vocational rehabilitation, occupational therapy and social services all play a part in helping a brain-injured person regain some of the skills and functions lost due to their brain injury.

Contact a Brain Injury Solicitor today

We are passionate about helping clients to seek appropriate justice and recompense, and our track record speaks for itself.

Based in the North West, we work with clients across England and Wales, and we can offer you an initial consultation and a no win, no fee service if we think that you have good grounds for a case.

Our trusted Brain Injury Solicitors act regularly for clients across Greater Manchester including Ashton, Bury, Bolton, Radcliffe, Prestwich, Middleton, Failsworth, Rochdale, Oldham, and Whitefield.

Sheldon Davidson Solicitors are a Lexcel accredited law firm. The Lexcel standard is only awarded by the Law Society to firms who meet the highest standards of practice management and customer service.

With Sheldon Davidson Solicitors in Manchester, you can be confident that your brain injury compensation claim is in safe hands.

Call us for free now using the number at the top of the page or complete the online contact form and a member of our team will get back to you.