A guide to brain injury compensation

At Mark Reynolds Solicitors we know that a brain injury can permanently change your life. The traumatic event can potentially cause a variety of long-term behavioural, physical, and cognitive problems.

In England and Wales alone, 1.4 million people per year go to hospital following a brain injury.

If a brain injury was not your fault, or only partly your fault, you may be able to claim compensation. Due to the complex ways traumatic head injuries can affect the brain, claims should only be conducted by highly qualified and experienced specialist solicitors. This guide will help you through the necessary steps to improve your quality of life.

When to seek legal advice

The law is often complicated. Never assume you have no claim and will not be entitled to compensation.

If you can show another person to be at fault for your injuries, you will be able to claim compensation. This also includes if the injury was partly your fault. In this instance, you may not receive full compensation for damages, but you are still entitled to claim.

If you have had a brain injury, it is best to contact a solicitor as soon as possible. To maximise the chances of recovering full damages, get the legal process in motion by hiring a solicitor to start collecting evidence for your case. Make sure the solicitor you instruct is specialised in brain injury cases. An inexperienced solicitor could lead to an undervaluation of your claim.

There is a strict time limit to pursue your brain injury claim. Court proceedings must start within three years of the date of the incident. However, there are some exceptions:

  • If you’re under 18 years at the time of the injury, the time limit is extended until you are 21 years old.
  • Under the Mental Capacity Act 2005, if you are unable to manage your own affairs, then the time limit may be extended. This grants you the chance to file a claim many years after the incident.

Care and rehabilitation

The most important part of the compensation process is getting the best treatment for you as soon as possible.

The right kind of help is vital to help build independence and quality of life after your accident. Brain injury rehabilitation requires expert care and experience to guide you through recovery. This is not always accessible on the NHS, meaning rehabilitation services can be public, private, or both.

Your solicitor will take an active role in working with your rehabilitation team to ensure you receive the best possible resources to recover.

Compensation advice

Compensation for a brain injury can be split into two sections: primary and secondary damage.

Primary damages

This is compensation directly from your injury. Medical evidence is compiled by an independent medical examiner, specialised in dealing with brain trauma. A detailed report is put together that includes what injury you have sustained and the recommended treatment or further examination that will be required in the future.

Secondary damages

Damages for a brain injury go beyond the injury itself and include any expenses that have incurred as a result of your accident. Up to this point, you may have had to take time off work to recover. Perhaps you are completely unable to return to work. Secondary damages take into account the past and the future. They include:

  • Loss of earnings and future earnings
  • Travel expenses
  • Medical and care costs
  • Loss of pension
  • Damage to personal belongings from the accident
  • Any equipment or aids that you require after the accident

Seeking a specialised brain injury solicitor

The trauma of a brain injury is much more than an accident. It can completely reshape your life and those closest to you.

It is important to know that compensation is much more than money. It provides you with the best resources to rehabilitate and recover so that you can move past your accident into the best possible quality of life.

Having a team of professionals by your side can help maximise your compensation as quickly as possible. Mark Reynolds Solicitors will be there to guide you through every step of the procedure. Contact our team of specialists to talk with someone who can advise and support you through your journey.