Brain Injury Claims

Brain injury can occur because of failed procedure or directly from childbirth negligence. Our experienced Brain Injury Solicitors have a wealth of expertise managing a range of brain injury claims which will affect the client’s long-term life experience.

Brain injury claims can have a devastating life changing impact to the client and the family. Our team have the knowledge and patience to support the client and their family.

Often, clients suffering brain injury lack capacity in managing their legal and financial matters. Our team will make sure that the client undertakes a capacity assessment before cross referring our Private Client team to make a Court of Protection application. This will put the chosen litigation friend in place to protect the interest of the client.

If you are considering pursuing a brain injury claim, please get in touch with our Brain Injury Solicitors today by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or by completing our Free Online Enquiry Form.

Brain injury claims due to medical negligence

The impact that a brain injury can have on the life of a person, their capabilities and their capacity can be severe. If you or a loved one has suffered a brain injury due to negligence, you may be able to make a medical negligence claim for compensation. At Elite Law Solicitors, we understand the challenges you can face due to medical negligence. Our skilled team of Brain Injury Solicitors can help you to complete your compensation claim to ensure you are cared for and receive the best possible treatment for your health.

What are the different types of brain injury?

Brain injuries are typically divided into two individual categories for the purposes of medical classification. The type of brain injury a person acquires may have an influence on the treatment and care they receive and can impact how well an individual can recover from their injury. These two categories are:

Traumatic brain injury

Any brain injury acquired through a trauma, or repeated trauma, is a traumatic brain injury. Typical causes for this type of injury include an accident at work, a road traffic accident, a sports injury or an assault. For example, if someone is hit in the head at work by a piece of machinery, this is a traumatic brain injury. This type of injury can range from mild, such as concussion, to severe or catastrophic, with some traumatic brain injuries resulting in permanent disability, a coma or death.

Acquired brain injury

Acquired brain injuries are categorised as any other damage to the brain caused by means other than a traumatic event. For instance, a hypoxic or anoxic brain injury occurs when the brain is starved of oxygen due to another medical problem, such as a stroke, asthma attack or carbon monoxide poisoning. Hypoxic-ischaemic encephalopathy is an example of this form of acquired brain injury that can occur at birth if the baby does not receive enough oxygen. An increase in pressure can also be a cause of acquired brain injury, where brain inflammation from an infection, haemorrhage or aneurysm can cause damage.

What are the symptoms of brain injury?

Brain injuries, whether through medical negligence or traumatic injury, are a complex condition that can have varying symptoms from one person to the next. The severity of an injury also plays a crucial role in whether an injury to the brain will lead to lifelong complications or short-term difficulties. Some of the key symptoms of brain injury include:

Mild brain injuries

Mild brain injuries are typically recoverable medical incidents, after which the individual is recovered to their previous health or has mild, longer-lasting complications that do not severely impact their quality of life. These symptoms include:

• Headaches
• Nausea
• Fatigue and tiredness
• Speech problems and slurring
• Loss of balance
• Dizziness
• Blurred vision
• Changes in other senses, such as smell and test
• Light and sound sensitivity
• Brief loss of consciousness
• Confusion and disorientation
• Memory and concentration problems
• Mood swings
• Changes in sleeping habits

Moderate to severe brain injuries

Moderate to severe brain injuries have a greater impact on the life of the person suffering from the injury. Depending on the care they receive and the treatment available, brain injuries of this severity may lead to lifelong complications, disability or permanently reduced consciousness. These symptoms include:

• Extended loss of consciousness
• Persistent or worsening headache
• Repeated nausea and vomiting
• Seizures and convulsions
• Pupil dilation in one or both eyes
• Drainage of clear fluids from the nose or ears
• Weakness or numbness in extremities
• Loss of coordination
• Inability to wake up from sleep
• Severe confusion
• Unusual, sometimes aggressive behaviour
• Slurring or speech or no speech
• Coma or other forms of reduced consciousness

Brain injury symptoms in children

Understanding the symptoms of brain injuries in children can be challenging. Younger children may find it difficult to express their feelings, and it is harder to understand the full extent of how a brain injury will affect a baby or toddler until they grow older. Some of the key symptoms identified in children as a result of a brain injury include:

• Changes in eating or nursing behaviour
• Sudden increase in irritability
• Continual crying without being consoled
• Change in sleeping habits
• Lack of concentration and focus
• Seizures
• A subdued or sad mood
• Drowsiness and fatigue
• Loss of interest in people, toys and activities

Who can make a brain injury claim?

If you have suffered a brain injury and you believe medical negligence is at fault for your condition, you may be able to claim compensation yourself for the ongoing symptoms and medical problems arising from that failure. In some instances, a severe brain injury leaves that individual with reduced mental capacity to make their own claim. In these cases, you may be able to claim on their behalf as the loved one of a person seriously affected by medical negligence.

What is the process for bringing brain injury claims?

The process for bringing brain injury claims starts when you choose to make a claim with a Solicitor. From there, the wheels are set into motion to gather evidence and collect statements and information to back up your claim. This process starts with a Letter of Claim, which outlines the reason you believe medical negligence is at fault. Following this letter, the hospital or doctor you are claiming against has three months to investigate and respond. If they deny medical negligence, your case may then be brought to court, where a decision is made over who is at fault.

How much compensation can I expect to secure for such claims?

As a highly complex injury, there is no one set compensatory amount you will receive for a brain injury claim. Instead, these are specified on a case-by-case basis. For example, a claimant who requires lifelong care and has permanent health problems may be able to claim more than a claimant who is claiming compensation due to being unable to work for several months over their recovery period.

What are the time limits for bringing brain injury claims?

Typically, you have three years to start your claim for medical negligence following a brain injury. However, as a complex area, this rule has several exceptions. These include:

Individuals with a lack of mental capacity – If you currently lack capacity, there is no time limit to when you can make your claim. However, if you regain mental capacity, the three-year time limit then applies. In most cases, starting your claim as early as possible is advisable to ensure you are within the standard time limit.

Children – Until a child reaches the age of 21, a claim can be made for medical negligence regarding their brain injury. As children may display symptoms years following a brain injury, this is important to ensure their health is thoroughly checked before making a claim.

Claims from abroad – These claims vary depending on the location and may have shorter time limits.

Starting your claim earlier rather than later means your Solicitors have the time to collect evidence while ensuring witness statements and essential documents are freely available and fresh. If you feel you have a claim of medical negligence, getting in touch with our team directly is the ideal place to start. Please get in touch with our specialist Brain Injury Solicitors today by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or by completing our Free Online Enquiry Form.

How long do brain injury claims take?

Brain injury claims can take several years to settle, with the typical time period extending from three years for standard cases to far longer for cases involving children and babies. As it can take several years for the full impact of a brain injury to become apparent, this longer process ensures you settle your claim after exploring the full scope of what your future may look like with any ongoing health problems.

However, in some cases, medical negligence claims for brain injuries may be a suitable candidate for interim payments. These are early payments where a certain amount of compensation is provided earlier than settlement to cover the costs of care for yourself or your loved one. These interim payments help to cover the costs of rehabilitation and help to reduce financial hardship, particularly where you may be unable to return to work.

Can I make a “No Win No Fee” claim for brain injury?

Our specialist team of Brain Injury Solicitors handle the majority of our medical negligence cases on a no win no fee basis. As a result, you will not need to cover up-front costs in most cases. Our expert team has extensive experience supporting claimants through the medical negligence compensation process, helping our clients rebuild their lives and gain peace of mind following a difficult or life-changing incident.

How our brain injury solicitors can help

If you are looking for an experienced and professional lawyer to assist you with bringing a brain injury claim our team at Elite Law Solicitors will be able to assist.

We have extensive experience in this complex field of law. If you or your family have been impacted by sub-standard medical care, our specialist Brain Injury Solicitors can assist you with pursuing a claim for compensation. The team will be able to assist you in a sensitive and efficient manner to garner trust and put you at ease.

One of our Brain Injury Solicitors will lay out your options clearly, explaining what will happen if you go down a particular route and giving you the best chance of the outcome you want.

Get in touch with our team today by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or by completing our Free Online Enquiry Form.