Brain injury claims – everything you need to know

At Moore Barlow, our specialist team of personal injury lawyers fully understand the impact that a brain injury can have on both you and your family. Moore Barlow’s brain injury solicitors are leaders in their field and could help you to claim financial compensation if somebody else was at fault for your injury.  

When conducting a serious brain injury claim, our team of highly experienced lawyers are focussed upon rehabilitation and that means getting you early access to the specialised case managers, and the best treatment, therapy and support from providers in your area.  If necessary, we may also be able to arrange interim payments to pay for your rehabilitation and help any financial pressures while your claim is ongoing.

Brain injury claims: frequently asked questions

To help you understand who we are and what we do, we have put together a list of the most commonly asked questions when we meet clients who are thinking about starting a brain injury personal injury claim.

• What is a brain injury?
• Can I make a brain injury claim and if so, how?
• Do I have a time limit for making a brain injury claim?
• How long will the brain injury claim take?
• How much will it cost me to make a brain injury claim?
• Why should I choose Moore Barlow to represent me?
• How much compensation will I receive?

What is a brain injury?

A brain injury, often referred to as a traumatic brain injury, if often caused by a trauma to the head. The injury could have been caused in a road traffic collision, accident at work or a fall from height.

Commonly experienced symptoms of a brain injury can include difficulties with cognition, memory loss, planning, fatigue, headaches, dizziness, vision difficulties, loss of taste and/ or smell and communication.

The symptoms caused by a brain injury usually vary from person to person but as specialists who have been working with brain injury survivors for many years, we are used to seeing clients with a whole variety of symptoms and the involvement of a specialist case manager can help you to get the early support and advice required.

Can I make a brain injury claim and if so, how?

If you (or a family member) has suffered a brain injury as a result of the fault of someone else (an individual or organisation), you may be able to make a claim for compensation.

At Moore Barlow, our team of highly knowledgeable brain injury lawyers have experience acting for clients who have a brain injury insurance claim after sustaining their injury in a variety of ways including:

• Road traffic collisions
• Accidents at work
• Accidents in a public space (shops, local highways)

An example of some of the successful traumatic brain injury compensation claims our team of lawyers have pursued includes:

• When a car driver pulled out a junction in front of an oncoming motorcyclist
• When an employee fell through an asbestos roof which was in the process of being removed
• When a cyclist came off of his bike after hitting a depression in the road

To make a claim, the most simple and straightforward advice is to contact our team of brain injury lawyers who will happily talk you through the process.

Do I have a time limit for making a brain injury claim?

In most cases, if you have suffered a brain injury that you believe was as a result of someone else’s fault, you have three years from the date of the injury occurring to issue Court proceedings

The time limits are slightly different if the person who has suffered the brain injury is a child (3 years from their 18^thbirthday) or does not have the capacity to look after their own legal affairs (no time limit unless that person regains capacity in which case, the 3 year time limit starts from the date they regained capacity).

As specialists in major trauma claims, we are used to seeing people whilst they are still in hospital following their injury and we know that early instruction can help injured people to get access to early rehabilitation which can help to improve their recovery.

At Moore Barlow, we always advise people who may potentially have a claim (or their family) to get in touch with us as soon as they are able to following the injury so please do not hesitate to get in touch.

How long will the brain injury claim take?

There is no set time limit as to how long a brain injury claim will take and no two cases are the same. The time it will take will be dependant upon a number of factors including your recovery and the impact the injury has had on you, your life and your family. It is particularly important to ensure that your claim is not under settled and therefore, it may take some time to gather all of the relevant evidence required to fully value your claim.

Whilst it may take some time to bring your brain injury claim to a final conclusion, throughout the duration of the claim, we can try to obtain “interim payments” which would be paid out to you in advance of the final settlement and these can be used for things such as rehabilitation or to cover your loss of earnings, property purchase or property adaptations.

How much will it cost me to make a brain injury claim?

Most of the brain injury compensation claims that we deal with are on what is known as a “no win, no fee” basis. This means that if, for any reason, your claim is unsuccessful, you will not have to pay any fees. If your claim is successful, in most cases, in addition to your compensation, your legal costs will be paid by the insurer of the person who was responsible for your brain injury.

As part of the initial free consultation, we will discuss funding options with you as it may be that you already have some form of legal expenses insurance which you could use.

Why should I choose Moore Barlow to represent me?

At Moore Barlow, our team of experienced brain injury claim solicitors have extensive knowledge in representing clients who have sustained a brain injury and we fully understand that the challenges that having a head injury can bring to you and your family.

As a firm, we pride ourselves upon our approach to rehabilitation and where possible, we try to work collaboratively with Defendant Insurers and Solicitors as we know that it is in your best interests to have early access to the best rehabilitation and treatment possible. We also pride ourselves in the support and empathy that we are able to give our clients and their families in their times of need.

The Moore Barlow team are ranked highly within the independent legal guides “The Legal 500” and “Chambers and Partners” and a number of our individuals have also been highlighted as leaders in their field.

We are very proud to support (on both a professional and personal level) a number of brain injury charities and organisations including Headway and The Child Brain Injury Trust.

How much compensation will I receive?

As each brain injury is different, there is no set amount of compensation that would be awarded. The amount you might receive will be based upon your individual factors and will largely be dependent upon your future prognosis and the impact the head injury has had on you.

The most important job as a brain injury solicitor is to ensure that you receive the amount of compensation required to put you back in the position had the injury not happened, as far as money is able to do so.

How Moore Barlow can help

To have a free, no obligation, consultation and discuss your claim with one of our brain injury specialists, please call 0800 157 7611 or contact us online – Adult Brain Injury and Child Brain Injury

In terms of funding your claim, we can help you on a “no win, no fee” basis, so you won’t have to pay legal fees (unless your claim is successful).