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?
How much will it cost?
Subject to a satisfactory Risk Assessment in respect of your case, we’ll enter into a No Win No Fee Agreement. This is also known as a Conditional Fee Agreement.
If we enter into a no win no fee arrangement (Conditional Fee Agreement), we’ll finance the case on your behalf. If your claim is won, we’ll restrict our fees payable by you, inclusive of vat, to a maximum of 25% of the compensation you’re awarded. We’ll guarantee that you’ll receive at least 75% of the compensation awarded, subject to the following deductions:
- After the Event Insurance Premium
- Unrecovered disbursements
- Any fees incurred because of your breach of the Agreement
Further information in respect of the Conditional Fee Agreement will be provided within our client care documentation.
What's after the event insurance?
In certain circumstances we may recommend that you take out an insurance policy which is known as After the Event Insurance (ATE). After The Event Insurance is insurance which covers the legal costs and expenses involved in litigation.
The fees relating to After The Event insurance can vary and are deductible from the damages awarded should your claim be successful. Further information in respect of After The Event Insurance will be provided in our client care information.
What's a risk assessment?
Upon receipt of your instructions, in relation to your accident claim, we’ll advise what, if any, documentation/information is required from you to enable us to complete the risk assessment.
Assessing the risks involved in litigation is a key element of a Conditional Fee Agreement. It's a crucial step when trying to determine the likelihood of success in any particular case and will involve consideration of all the available evidence. We’ll complete a risk assessment within two working days of receiving the required documentation/information and advise you of the outcome.
You won't be charged for us to carry out a risk assessment, but if your claim is successful, we’ll look to recover the costs incurred on your behalf from the negligent third party.
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?
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?
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