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Brain injury series: what is the brain injury claims process?

Published In: Brain and Spinal Injury

Navigating the aftermath of a brain injury can be overwhelmingly challenging, both emotionally and practically, but it doesn’t have to be. It not only affects the injured individual but has a large impact on close family members too, who are often not well versed and knowledgeable on the effects of a traumatic brain injury. Read this helpful guide to learn about the stages of the brain injury claims process.


two doctors looking a head x-ray

If you are thinking about making a brain injury claim, either for yourself or on behalf of a family member, you may want more information on the process before you begin. In this stage-by-stage guide senior associate, Ewan Bain explains each step and what to expect during your claim.

The brain injury claims process

The legal landscape of brain injury claims can be complex and emotionally taxing. Below is an overview of the stages our solicitors will follow. Please note they may not cover each of these stages, dependant on the severity of your injury.

  •  Initial consultation: During this meeting, we’ll assess the merits of your case and determine who was responsible
  • Rehabilitation: We recognise that your life has been turned upside down and we can use the legal claim to help you access the best private rehabilitation and treatment available
  • Gathering evidence: We'll help you collect all relevant medical records, witness statements and expert opinions
  • Determining liability: Identifying the responsible party is important in any brain injury claim. Whether it’s an employer, medical practitioner or another person, our brain injury lawyers will rigorously establish liability
  • Calculating compensation: The amount of compensation you will receive varies depending on the severity of your injury, loss of earnings, future care needs, and other factors
  • Filing the claim: Once all preparations are complete, your brain injury lawyer will formally file your claim. We handle all the legal paperwork, negotiations and court proceedings should your case go that far
  • Settlement or litigation: Many brain injury compensation claims are settled out of court. However, if an amicable agreement cannot be reached our expert legal team is prepared to take your case to court to make sure you receive the compensation you need
  • Receiving compensation: Upon a successful claim, you’ll receive your brain injury compensation, which will be tailored to cover medical costs, loss of earnings and other damages experienced due to your injury.

Arranging medical care and rehabilitation

Getting the right practical, medical, financial and legal help as early as possible, is essential. There are a number of priorities which emerge all at once and it can be difficult for families to navigate. Those priorities will also be dictated by the severity and nature of the brain injury. This can vary from case-to-case, dependant on the situation of the individual and the stage of injury that you are at.

You should always seek medical assistance from your GP, hospital or the 111 telephone service if you have symptoms and concerns following a brain injury. These initial touchpoints will be used for medical reports and help provide evidence for your injuries.

Our main priority is to assist you in making the best possible recovery. We will help organise any medical care or rehabilitation that you need throughout the claims process. To assist with this process, we frequently work alongside national brain injury charity, Headway . They run a dedicated helpline which allows you to speak with those experienced in brain injury and can advise you further. Another outlet of support and guidance is the Brain Injury Group . They provide a wealth of information and signposting to help those who have been injured and their loved ones.

It may not always be possible to receive the support you need through the NHS. Their resources only stretch so far, and it is widely known that the sooner bespoke and tailored rehabilitation can be implemented, the better the outcome for the injured individual.

We will help you access the private care that your need, and consult with our wide network of consultant specialists to set achievable goals. Our team will also work with you to arrange interim payments to help fund treatments as and when you need them, alongside your claim.

Our team can also help you access rehabilitation and other support throughout your claim, and beyond once the clam settles. We will help you to put a plan in place that will last as long as you need for life beyond injury. Throughout your claim our team can help sign-post you to a number of services, including accommodation support, personal injury trusts, Court of Protection applications, changes to your will, employment disputes and child care arrangements.

Here in the Brain Injury team at Switalskis, we have decades of accumulated knowledge and experience to help brain injury survivors navigate their way through the practical, financial and legal hurdles that are thrown up. You can find more information about the support we can offer here - brain injury claims

If you’d like to discuss your brain injury with us please call 0800 138 0458 or email





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