Russell & Russell - Solicitors since 1887

Head Injury

Head injuries can range from mild concussion to permanent, life changing injuries. While the recovery time for a minor head injury can be short, a serious brain injury can lead to long-term physical disabilities. If you’ve suffered a brain injury you may experience behavioral or psychological changes that cause difficulties long after your accident, so making a compensation claim for a head injury can be a complicated and lengthy process. Some of the questions clients ask us are:

What is your experience of dealing with brain injury claims?

We have a team of experienced professionals who understand the legal process of claiming for a head injury and can advise on the prospects of making a claim. We’ll also liaise with medical and rehabilitation experts to ensure you receive the care and attention required to make the best possible recovery. We can also assist in putting you, or your loved ones, in touch with head injury groups which can help support those affected.

How much will it cost?

We act on a no win no fee basis, which means that if you don’t win your case you won’t pay a penny. But, due to government legislation, if you win we’ll deduct 25% of your damages award as payment for dealing with your case. This is fairly standard practice and our fees are paid once your case is settled.

How long will it take?

Every case is unique so it’s difficult to give a precise time frame as it depends on a number of factors. If liability is admitted during our investigation into the cause of your injury, the case will be settled significantly quicker than if it’s disputed. Another factor that can speed up a claim is if you return any documentation we send you as soon as possible and respond quickly to any questions we may have. 

The extent of your injury also has a huge bearing on your case. Generally, the more serious the injury and the long-term implications of it, the longer it may take to fully calculate your claim’s value. We’re also bound by Civil Procedure rules, which allow the defendant’s solicitors time to investigate the circumstances around your injury before they have to respond to us.

Will I have to go to court?

We can never say a case won’t go to trial or final hearing, but it’s unlikely. It’s often better if your case doesn’t go to trial as the issue of court proceedings, and the amount of work that goes into preparing and arguing your case, can considerably extend the time it takes to settle your claim. Whether it goes to trial or final hearing depends on your case’s prospects and the stance that the defendant takes.

How much compensation will I get?

It’s difficult to value a case at an early stage as you may have suffered injuries that take time to manifest or have a long-term impact on your health and wellbeing. Every case is individual so to fully evaluate your claim, we need a medical report. This gives us an insight into the extent of your injury and identifies whether you can expect to make a full recovery. 

Once we know this we can assess the value of your case. In addition to your general damages (the money you receive for your injury), we also take into account your out of pocket expenses (what we term ‘special damages’). When these are clear, we can add them to the value of your claim. If you’re contacted by an insurance company it’s important not to accept any offers of settlement or compensation without seeking or obtaining legal advice.

How long can a compensation claim take?

Because of the complexity surrounding a brain injury, claims for compensation can be a lengthy process and involve a number of legal and medical experts. In these situations we may be able to negotiate interim payments so that you receive any on-going medical attention, rehabilitation, care and assistance you need. 

Although financial compensation is central to your claim, it’s equally as important you have support in place to help you cope in the future. This might involve arranging a rehabilitation or therapy programme. It could also involve ensuring you have the appropriate infrastructure in place to help you live your life as independently as possible.

What should I do if I want to make a claim?

Starting your claim is easy; just call us on the number above or fill out the contact form and we’ll call you back.

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