Brain and Head Injury Claims

Has a loved one suffered a severe injury that means they no longer have the mental capacity to make a claim themselves? If so, you could make a serious brain injury claim on their behalf. The same applies to parents or legal guardians of a child under the age of 18.

Like any other brain injury claim, we'll need to show that the other party was to blame. If you're not sure if you can, speak to our friendly legal experts to find out where you stand. We'll also tell you if you can actually make a claim on behalf of a loved one.

When you speak to us, we'll talk you through your options in plain English. We assess all claims for free and in confidence. And there's no obligation to start the process if you don’t want to.

All brain injury claims can be complex. With all the factors involved, they can sometimes take a few years to settle. One reason is because the true impact on your life may only become known over time. And by settling too early, you could receive less compensation than you need.

Even though a claim may take time to settle, you can still get financial help in the meantime. If the other party accepts fault, we can get you interim payments to cover any immediate costs.

The financial aspect of your brain injury claim is just part of our work in supporting you and your family. Our dedicated Solicitors can also: 

• Organise specialist treatment: Getting referrals in your local area can have a major impact on your We can work with your case manager to arrange care from different providers, help buy appropriate equipment and train any care staff you need.
• Advise on relevant care services: Your case manager can tell you about the support you can get from your local authority and other services available nearby. Our Public Law team can also advise you on any legal steps you can take to access statutory funding.
• Help with Court of Protection issues: In severe brain injury cases, various decisions must be made on behalf of the injured person under the Mental Capacity Act 2005. The people given this decision-making power are known as deputies. Our Court of Protection Solicitors can help you with any deputy issues and include the costs in your claim.
• Help with a Personal Injury Trust and Benefits: If you can't work due to your head injury, your case manager can help you claim state benefits to ease any money worries. We also help clients with the benefits appeals process if they've been refused payments such as Personal Independence Payments.

When you receive your compensation, our Wills and Trusts team can help you to set up a Personal Injury Trust. This is usually when you receive your first interim payment. A Personal Injury Trust helps you to manage your compensation. But it also lets you keep claiming any benefits you're eligible for.

Friends and family have a huge role in helping a loved one to recover from a brain injury. Here are a few things you can do at home:

• List everything your loved one can still do: Make the most out of everyday It only has to be simple things such as laying the table. These types of tasks can be helpful for helping the brain to re-learn how to work.
• Find out about local support and facilities: Local activities, day centres and sports groups set up specifically for disabled people can have huge benefits. To start, they can provide a real psychological boost. But they can also help a loved one physically – while giving them the chance to meet others in similar situations.
• Plan clear routines: This can help towards building up, but the schedule needs to be realistic. And it must include a range of mental and physical tasks.
• Be aware of tiredness: Rest is just as important as doing tasks. So, build in time for relaxing. Watching TV, napping or listening to music are great ways to do this.
• Celebrate achievements: It's uplifting to know that progress is being made. So, why not record any improvements and achievements along the way?

There can often be a financial impact of a brain injury – not least if you can't work.

If you're struggling to make ends meet due to your injury, you could be eligible for state welfare benefits. But the system can sometimes be confusing. That's why it's always a good idea to seek advice as you make your application.

You can also get lots of useful information on welfare benefits after brain injuries from Headway.

Driving is just one of many abilities that can be affected by a head injury. Before you get behind the wheel of your car, you should first take the following steps:

• Speak to your doctor. They'll advise if it's safe for you to drive, based on your condition.
• Tell the Drivers Medical Unit of the DVLA. Not doing so is a criminal offence, and it could make your insurance invalid.
• Tell your insurance company. You may need to update your policy.