Making a Head Injury claim

A recent report from the Royal College of Surgeons stated that approximately one million people each year attend hospital with a head injury; almost half of these are under the age of 16. 85% of adult patients who sustain severe head injuries and 63% who sustain moderate head injury remain disabled one year after the accident.
Even patients with minor head injuries have problems. After three months 75% of these still have persistent headaches; 59% have memory problems and 34% are still unemployed. Only 45% of patients who have sustained a minor head injury have made a good recovery after one year.
The causes of head injury fall into four main categories. Road traffic accidents are the most common cause accounting for over 40%. Domestic and industrial accidents account for between 20 and 30%, sports and recreational injuries account for between 10 and 15% and assaults for 10%.

We appreciate at MyClaim that a head injury can change your life and we can assist you by providing you with legal assistance to help you improve the quality of your life through obtaining compensation for you.
Compensation can provide a lifeline for you following such a traumatic event in your life and enable you to maintain your independence and protect your rights as a disabled person

What is a head injury?
The brain is the control centre for each of us. It controls everything we think, feel and do. The brain itself is extremely fragile and is protected by the skull therefore any injury to the head can ultimately result in brain damage. An injury to the brain can have a devastating effect on your ability to manage your own life. Some of the most common difficulties following a head injury are:

Poor concentration
Poor memory
Fatigue
Poor planning
Lack of insight
Personality changes
Inappropriate behaviour
Loss of physical sensation
Poor perception judgment and no responses.

We appreciate at MyClaim the difficulties faced by people who have suffered head injuries. Our panel of solicitors are experienced in dealing with this area and they work closely with the charity HEADWAY, who undertake valuable work in assisting those who have suffered brain injuries. Please ask us about this charity and we will be happy to introduce you to your local branch. If you experience some of the difficulties we have outlined, it will affect how you manage your day-to-day life and will affect your ability to work and your lifestyle.

Medical care and rehabilitation
If you sustain a severe head injury you will initially be hospitalised for observation. This is the acute phase of your injury. Once your medical condition is stable you will usually be referred to rehabilitation as an in-patient or an out-patient. It is often the case that head injuries can be missed completely and you will not benefit from any rehabilitation.
At MyClaim our panel of solicitors have vast experience of working with rehabilitation units throughout the country. They take an active role in providing quality information and advice to them about the extra resources that may be available through litigation. They work with rehabilitation experts both in the NHS and in the private sector to ensure the continuity of your care.
They consider it vital that you maximise your recovery through active rehabilitation. Their aim is also to assist you to help rebuild your life and we can do this by obtaining interim payments of compensation to assist you with your:

Rehabilitation
Re-education/training
Transport
Housing
Aids and equipment
Care support
Therapeutic services
Case management.

Long-term support and care
Many people who sustain injuries require some support for the rest of their lives. Our aim at MyClaim is to assist you as much as possible to enable you to live as independently as possible. Our panel of solicitors have a wide range of contacts with organisations that can assist you and can work closely with you. These include:

Case managers who will assess and organise any support and care you may need;
Support workers who will visit you on a regular basis to provide you support and help;
Community rehabilitation such as neuro physiotherapy and occupational therapy.

Our aim at MyClaim is not only to recover for you the best settlement in relation to your personal injury litigation but to enable you to enjoy an independent and fulfilling lifestyle.

When should I contact a solicitor?
You or your family should contact a solicitor as soon as possible. The sooner they can commence work on your claim the sooner they can begin to assist you. Their immediate aim will be to obtain for you rehabilitation and also to begin work on your case.
In addition they can advise you on your benefit rights, liaising with the police to keep you up-to-date with any criminal prosecutions resulting from the accident and also advise on dealing with debts which might arise due to being off work.

Can I claim compensation for my injuries?
In order to recover compensation for your injuries you need to show that someone else was at least partially to blame for causing your injuries. It is important to note that even if you consider that you are partly to blame for your accident you can still claim compensation. It is very important to contact an experienced head injury solicitor to receive legal advice. They can guide you through the initial process and provide you with the best advice as to whether or not you have a claim. You may not consider that you have a claim but we may well be able to assist you. We also receive numerous enquires from clients who wish to transfer their files to us if they are not satisfied with the progress that their current solicitors are making.

Funding
Our panel solicitors will offer you a first free interview. At this initial consultation they will advise you whether or not your claim is worth pursuing. If you do decide to proceed with your claim they will advise you as to the best methods of funding the legal costs of your case. As Legal Aid is no longer available the main options are:

Legal Expense Insurance: They will check whether you have a policy of insurance which covers your legal costs;
A Conditional Fee Agreement commonly known as a no-win-no-fee agreement which is the option chosen for most of the clients injured in these types of accidents. Under this particular scheme you receive 100% of your damages and no deductions will be made from these. Their fees are recoverable from the defendant at the successful conclusion of your case. If you are not successful in recovering damages you will be protected by after the event insurance policy to protect your position financially. Therefore even if you are not successful you will not owe anyone anything.
Trade union legal assistance. You may have cover if you are a member of a trade union, our panel solicitors can investigate this for you.

How much compensation will I receive?
If your claim is successful you will be awarded compensation. The aim of the compensation is to put you in the same financial position which you would have been if your accident had not occurred.
Compensation is listed under various categories:

Damages for pain suffering and loss of amenity. These are often called general damages and are awarded to compensate you for actual injury you sustained. The amount of compensation you will receive depends upon the nature and extent of your injuries, the effect it has on your daily life for example taking part in recreational activities such as sports and hobbies;
Damages for financial losses to the date of settlement of your claim. These will include loss of earnings (loss of tax and national insurance);
Private medical or therapeutic expenses;
The costs of any aids and equipment which you have purchased;
Travelling expenses incurred by you or your family;
Damages to your motor vehicle or other items in the accident;
The value of the care which is provided to you by your family, partner or friends;
The cost of any professional care which is being provided.

Damages for future loss and expenses
Many people who have sustained head injury will suffer long term losses and expenses as a direct result of their accident. Calculation of the losses involved can complicated however compensation will take into account some or all of the following:

Future loss of earnings including the loss of any promotion prospects;
Loss of pension rights;
The cost of providing personal care support;
The cost of a case manager;
The cost of physiotherapy and any other specialist therapeutic services;
The cost of special accommodation which may be required;
The cost of any special aids or equipment including annual maintenance and replacement costs;
Extra transport costs;
The cost of managing your financial affairs.

It is our panel soliciotrs aim in cases to obtain for you interim payments on account of damages. These will assist you in the day-to-day management of your life while your claim is being settled.

Financial affairs
For many people who have suffered a head injury managing their own affairs is difficult.
Our panel solicitors can refer you to those able to provide specialist investment advise to help you as a result of your injury if you are having difficulty managing your finances. If the Court of Protection is involved our panel solicitors' Court of Protection team will liaise closely with them to ensure that public funds are made available as quickly as possible to replace your lost income and to pay for special needs and care support.

Time limits
There are strict time limits for pursuing claims of compensation if proceedings in respect of the claim are not started within three years from the date of the accident. The court may decide that your claim is out of time.
However whilst the period of time limit is strictly enforced by the courts there are certain circumstances in which it is possible to bring your claim outside the three-year time period.
Please contact us at the earliest opportunity and we can discuss this with you.

Will I need to attend court?
In most cases it is an insurance company not the individual who caused your injury who makes the decision as to whether or not to settle your claim. While some insurance companies will pay compensation immediately it is not unusual or a cause for concern if an insurance company initially turn down your claim. If your claim is initially turned down by the insurers, it is often the case that such cases are subsequently brought to a successful conclusion.
The vast majority of cases are negotiated and settled before they go to court however some may ultimately may go to a trial. However you can rest assured you are in safe hands. Myclaims panel of expert personal injury solicitors are very experienced in dealing with catastrophic head injury claims and they will guide you through the process.

Contact us: If you or someone you know has suffered a head injury please do not hesitate to contact us, our panel solicitors deal with clients throughout the country and they will visit you at your home, hospital or rehabilitation unit.

Please contact us today for further advice on 0800 731 2586