The most seriously disabled clients we deal with are nearly always those who have suffered brain and head injuries through no fault of their own. Traumatic brain injuries, known as TBIs, are a leading cause of deaths on a worldwide scale and many who sustain them have life-changing conditions.
No Win No Fee Personal Injury Claims
We offer a free consultation with one of our friendly solicitors to get the ball rolling. After you’ve told us what happened, we’ll provide you with expert legal advice at no cost to you.
Not all head and brain injuries are severe and TBIs can vary from mild variations from which a full recovery is made and moderate injuries which involve a longer term recover to the most severe versions which leave victims requiring 24-hour care for the rest of their lives.
How we can help
As personal injury solicitors, we are used to dealing with all strains of such conditions and after assessing the nature of the client’s injuries, we always look to ensure that they receive the best possible treatment and rehabilitation as quickly as possible.
Minor head injuries
If the injury is relatively minor such as mild concussion or headaches which resolve quickly, then the claim will be advanced towards a conclusion with medical reports covering the injuries which will usually be arranged when a full recovery is made.
Brain injuries may involve many conditions including post-concussive syndrome, amnesia, migraines, mental health problems such as depression and post-traumatic stress disorder, loss of confidence, poor memory, epilepsy and serious cognitive problems. All aspects of the injuries have to be addressed when dealing with claims for these clients. In more serious head and brain injury cases, we take a different approach with the client’s fullest and earliest recovery from their conditions at the forefront of our thinking.
Serious head injuries
If liability for the incident causing a serious head injury is not admitted by the opponent or its insurance company, then we will normally advise the clients to proceed to a court hearing to determine who is responsible as quickly as possible and look to recover payments to cover rehabilitation later.
If liability is admitted at an early stage, which is thankfully often the case, then normally the opponent’s insurers or solicitors are willing to co-operate and make interim payments to cover the injured party’s immediate past financial losses (such as lost earnings and the cost of damaged clothing, cars, bicycles and other expenditure). They are also usually happy to agree to pay for rehabilitation which may include private physiotherapy, occupational therapy, consultations with specialists, psychological therapy, personal trainers, specialist aids and equipment, case managers, support workers, carers, adaptations to accommodation and anything else that is reasonably required by the injured person to help them recover as fully and as quickly as possible.
When will my serious head injury claim finish?
It is only safe to finally settle a claim once the client has reached their final state of recovery, which may be several years after the date of the injury. At that point we obtain medical and other reports from experts which will enable us to value the claim and begin settlement negotiations with the opponent’s solicitors.
The expert reports are always from experienced doctors and therapists. The usual experts we instruct are neurologists, neuropsychologists, neuropsychiatrists, orthopaedic surgeons, architects (when accommodation needs arise), care experts, occupational therapists and, if the client’s earnings history is complex, forensic accountants.
The role of the Courts
Many clients with serious head injuries are medically deemed not to be capable of managing their financial affairs or instructing solicitors. In those cases, a family member is normally appointed to be their Litigation Friend, who we take instructions from on behalf of the client. Any settlements in such cases must be approved by a Judge, which will involve a brief Court appearance and a Deputy has to be appointed by the Court of Protection to manage the settlement funds on behalf of the client.
We have extensive experience of dealing with all types of head injuries.
No Win No Fee Personal Injury Claims
We want to make your claim process a smooth one. That’s why we offer a free consultation with one of our friendly solicitors to get the ball rolling. After you’ve told us what happened, we’ll provide you with expert legal advice at no cost to you. We also operate a No Win, No Fee policy here at Taylor Emmet.
Contact our Personal Injury Solicitors at Taylor Emmet
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