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Professional, specialist legal advice in the event of a brain injury
If you or a loved one have suffered a brain injury, you will need specialist legal advice and support. This will help you to understand your changing needs and plan carefully for the future.
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How do brain injuries occur?
There are many ways a brain injury can occur and it may or may not be accompanied by long-term physical injuries. The main types of brain injury are:
- Acquired Brain Injuries, where the injury occurred as a direct result of an accident, such as a fall or Road Traffic Accident.
- Clinical Brain Injuries, which might occur during birth or as a result of an operation or other clinical process.
If you have suffered either of these types of brain injury, we can provide the specialist legal advice you need. Acquired brain injuries are dealt with by our Serious Injury department, whereas Clinical brain injuries are dealt with by our Medical Negligence department.
Clients suffering brain injuries often require additional advice around mental capacity and managing their health, welfare and financial affairs. Through our Court of Protection team we can provide this support in a consistent, co-ordinated way, without the complication of involving another law firm.
How can a brain injury impact your life?
The ways that a brain injury can impact your life will very much depend on the nature of the injuries. For example, the brain injury may also restrict mobility and movement which may require rehabilitation or changes to your lifestyle.
You may experience a combination of the following:
- Long-term cognitive effects such as memory loss, anger, depression or anxiety
- Significant distress and upheaval as a result of the changes you need to make to your life
- An inability to work - or at least to do the same job as before - which can significantly affect your income
- Additional costs such as rehabilitation, treatment, equipment and adaptations to your home
We have many years' experience of helping clients with brain injuries. This has included clients in a minimally-conscious state and others who have suffered criminal assaults, so we have the knowledge and expertise to handle even the most complex cases.
Our approach is to make the client feel at the heart and centre of the recovery process by guiding, advising and informing them along in what can be a difficult and challenging period of their life after trauma.
We understand the upheaval in which these catastrophic events can cause - not only to those directly affected and injured but also to their loved ones. Our approach is to ensure that the client and their loved ones are intrinsically involved in the claim process so that they feel informed and supported throughout.
How can we help?
It can feel like a daunting and overwhelming period in a person’s life following the immediate aftermath of a serious injury. Clients encounter problems ranging from the physical and psychological adjustment to their new way of life, to then having more practical issues such as loss of earnings or navigating the welfare benefits system, often for the first time in their life.
Often individuals with brain injuries can go unnoticed in society as they appear to fine on the surface but beneath that they are operating at a much reduced level cognitively and their brains have to work harder to compensate.
Our team, led by Mark Hollinghurst, are very aware of the common types of problems which clients can face but appreciate that no particular case is the same. It is with that in mind that we will always endeavour to:
- Meet clients for face to face meetings (at a location comfortable for them) at the earliest opportunity so that we can identify their immediate specific personal problems and challenges.
- Agree with the client how we would approach resolving those particular hurdles together. We are of the view that the client should always feel in the driving seat particularly when they perceive that they are not control – we are here to guide and advise you.
- Engage promptly with the Defendant and to implement rehabilitation as soon as practicable, along with interim payments, where possible. We recognise that early rehabilitation is crucial to maximising your recovery.
- Where it is not possible for private rehabilitation in the early phase of the claim process and/or to secure interim payments (for example, there is a denial of fault for the accident/incident), then we would explore other avenues whilst the claims process continues to investigate liability. This can involve liaising with our specialist colleagues in our Court of Protection and Health & Welfare Teams as well as our broad range of contacts in the health and social fields.
Our department has a wealth of experience and expertise in the fields of brain injury and serious injury claims. Mark Hollinghurst leads the department and has over 30 years of experience in complex and high value claims.
We are experienced in how to approach the varying degrees of brain injury cases and their respective subtleties. This can vary from those with mild traumatic brain injuries right across the spectrum to those with the more serious traumatic brain injuries.
We also have built up a wealth of contacts in the specialist area of brain injury who understand and know how to treat clients according to their needs.
Our department are passionate and tenacious and will push boundaries and investigate difficult and complex cases. For instance, we have particular expertise and experience in cases where the individual is in a minimally conscious state. These can often be emotionally-charged matters but we can reassure you that we will provide you with utmost compassion whilst being tenacious in seeking the best possible outcome in the circumstances.
Please see the team’s individual profiles for further information as to their background and expertise using the links below.
How is legal advice funded?
There are various options of funding for claims. Many of our cases are funded using Conditional Fee Agreements, (also called a ‘No Win No Fee’ agreement). Under this agreement, if you do not win your claim, you pay nothing. If you have been the victim of a criminal assault, you may be able to claim under the CICA (Criminal Injuries Compensation Authority) scheme. Our solicitors can review and discuss your funding options and help you decide the best route to take.
How can Switalskis help me?
No two brain injuries are the same, and we believe in fully understanding your circumstances and future needs first. Only then can we help you understand the compensation you will need and the costs that you will incur throughout your future. It's vital to plan your future carefully before claiming for compensation.
As a specialist firm of Headway-approved solicitors, we have many years’ experience of dealing with even the most severe brain injuries. We also have a very strong track record of helping clients move forward and securing interim payments to help get prompt treatment and rehabilitation.