Brain injury compensation claims

Making a claim for your brain injury claim and what happens if the case goes to court

• A brain injury can have complex consequences and a claim for compensation should cover all the support you may need over your lifetime.
• We take all this into account when we make a claim, consulting experts to prepare the strongest possible case.
• We will be ready to take your claim to court if necessary, but will do our best to negotiate a satisfactory settlement without a trial.
• We’ll explain what is happening right from the beginning and keep you fully informed at every stage.
• As a leading UK law firm for brain injury claims, we give you the strongest prospects of securing the compensation you need to rebuild your life.

What is a brain injury?

Brain injuries can occur due to trauma, stroke, or other medical conditions. They can result in a range of symptoms, including cognitive impairment, memory loss, and physical disabilities. Treatment may involve rehabilitation, medication, and surgery, depending on the severity of the injury.

What is a brain injury claim?

Brain injury claims are legal cases where a person seeks compensation for damages caused by a traumatic brain injury. These injuries can result from accidents, medical malpractice, or other forms of negligence. The compensation sought may cover medical expenses, lost wages, and pain and suffering.

The right advice will help secure the best settlement for your claim, to fund the highest standards of support for your immediate needs and your ongoing rehabilitation and support. With more than 30 years’ experience and an exceptional track record of success, the Moore Barlow personal injury team is ideally qualified to manage your personal injury claim.

Why would my brain injury case go to court?

Most injury claims are actually settled without the need for a court trial. It’s not unusual for cases to be lodged with the court and put onto a court timetable, but then be settled before the final hearing. We will often arrange to meet the opponent for settlement negotiations when we feel the case is ready, to try and avoid the need for a trial. We don’t usually recommend considering settlement if you are still receiving significant rehabilitation and treatment.

If a trial is necessary, we will manage the whole court process on your behalf so you don’t have to worry about the stress involved with attending court.

Some of the reasons to issue court proceedings during the claim process include:

• Denial of liability – the opponent refuses to accept responsibility for the accident.
• The parties fail to agree on a settlement amount.
• Limitation – court proceedings must be issued within three years of the accident.
• Interim payments – the opponent is unreasonably refusing to provide a part payment of your damages, and we need to apply for a Court Order forcing them to do so.

What happens if my brain injury case goes to court?

Here is a step by step court process:

Step 1 – Start court proceedings

We will file a claim form and statement of case with the court. The statement of case contains details of the allegations made against your opponent and the injuries you have sustained. It will also include your medical reports and a preliminary schedule of financial losses.

Step 2 – Filing and serving a defence

After court proceedings are launched, your opponent has 14 days to acknowledge service of the proceedings, and a further 14 days to file their Defence, which is the formal document setting out their defence of the case. Even if your opponent has admitted liability for the accident that caused your injuries, they will still need to file a Defence if they don’t agree with the extent of the injuries claimed and the value of the claim. The parties can agree an extension for the filing of the Defence by up to 28 days, and in cases involving a serious injury, that is not unusual.

The opponent will also advise the extent to which they agree with our statement of case. As soon as we’ve received the Defence, we will send you a copy.

Step 3 – Case management

The court will arrange a number of hearings to set directions for your case, which will ultimately lead to a trial. You won’t need to attend the majority of these hearings, as we or the barrister involved will be there to represent you. We will always suggest directions for how we want your case to be managed, but ultimately the court decides which the directions will be set.

Rest assured, we will explain every step of the process and ensure you always know exactly what is happening with your claim.

Step 4 – Disclosure of documents

At this point, both parties identify any documents which may be relevant to the case. A list is produced and copies of all documents are provided to the other party on request.

Step 5 – Exchange witness statements

We will prepare formal witness statements which support your case, and the opponent will prepare theirs. Your witness statement will contain details of your injuries and how they have affected your life. If liability is being disputed, this statement will also provide a detailed account of how the accident happened.

We will make this process easier for you by putting your verbal statement into writing, making sure it includes all the necessary details.

Step 6 – Exchange expert evidence

In serious brain injury cases, your opponent may ask the court’s permission to obtain reports from their own experts, during the early case management hearings. This allows them to assemble expert reports in line with the directions set by the court.

Once the witnesses have provided evidence, the experts then discuss it and prepare formal statements, focusing on the issues or clarifying disputed information. This is one of the reasons why it’s crucial the experts we instruct at the outset are leaders in their fields.

Settlement discussions

We could then make an offer to settle the case with the opponent’s representatives or meet them to discuss a possible settlement. Both sides are encouraged to attempt to reach an amicable compromise before the case goes to trial.

Step 7 – The trial

If an agreement cannot be reached, there will need to be a trial so the matter can be decided by a judge. You will be represented at trial by the barrister who has been involved throughout your case. Witnesses and experts will give evidence during the trial and you will be required to give evidence. We will prepare your case with the support of your barrister.