Brain Injury Claims

Brain Injury Claims

For finding a way to move forward

Dealing with the aftermath of a brain injury can be an overwhelming challenge, both emotionally and practically. Whether it's the result of a workplace incident, an assault or an unfortunate road accident, you may be entitled to compensation. A compensation payout will cover the financial impact of an injury, including time off work and any adaptations or devices you need to adjust to your new circumstances. Seeking the expertise of expert brain injury solicitors will give you the best chance of success in your claim, and help you through the process of claiming compensation.

At Switalskis, our specialists in brain injuries are here to provide comprehensive brain injury compensation advice from the onset of your injuries to the end of the legal journey. We can offer the support you need to best protect your compensation once your claim has concluded. With years of experience and a reputation for excellence, Switalskis is the brain injury solicitor you can count on when you need expertise you can trust.

What Switalskis offers during your claim

To get started, give us a call today on 0800 1380 458, or get in touch with us through our website to find out more about how we can help.

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How Switalskis can help

With various legal complexities and emotional challenges involved in making a brain injury claim, you need a dedicated team of experts who can stand beside you every step of the way. As specialised brain injury solicitors, we have the in-depth knowledge and experience necessary to handle the most complex and sensitive cases.

Whether you're dealing with a mild concussion or severe traumatic brain injury, our experts can guide you through the entire claims process. We believe in giving you a thorough understanding of the situation you're in. From your initial consultation, we provide tailored advice specific to your case, aiming to demystify the process and provide practical steps for the way forward.

Dealing with a brain injury is stressful enough without the additional worry of dealing with a legal claim. Our team of compassionate brain injury lawyers is trained to provide empathetic support throughout your case, helping you cope with the emotional burden while fighting for your legal rights.

Brain injuries can have lifelong implications. Beyond securing compensation, we offer ongoing support and advice to help you adjust to your new reality, always championing your rights and wellbeing.

At Switalskis, we offer a holistic approach to your brain injury claim. Our primary goal is to help you secure the compensation you deserve, easing your journey towards recovery. Let us be your trusted partners in this difficult time; because with Switalskis, you aren’t alone.

Our brain injury claims specialists

Photo of Mark Hollinghurst
Mark HollinghurstManaging Director of Serious Injury
Photo of Sam McFadyen
Sam McFadyen Senior Associate Solicitor and Brain Injury team lead
Photo of Maria Dallas
Maria DallasAssociate Chartered Legal Executive Litigator & Advocate
Photo of Julie Wilkinson
Julie WilkinsonSenior Paralegal
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Read what our clients had to say about the help they received from Switalskis

Recent brain injury claim outcomes

West Yorkshire care home attack: Family speaks out after life-changing injuries

Graham Dowling was found guilty of attempted murder following a trial at Bradford Crown Court. Today, he was sentenced to 20 years in prison for his role in the December 2024 attack.

£2.15m compensation secured for brain-injured cyclist

Switalskis has secured a settlement for a young-cyclist, who was left with a severe brain injury after being struck by a HGV whilst riding his bike. A young man with pre-existing learning difficulties received £2.15 million in compensation following a serious road traffic accident.

Switalskis Brain Injury Team secure settlement for young motorcyclist who was struck by a car

A young man starting out on his career in the building trade, received over £1 million in compensation following a serious road traffic accident.

What is the claims process for a no win, no fee brain injury claim?

The legal landscape of brain injury claims can be complex and emotionally taxing. Switalskis is here to guide you through every step of this process. Below is an overview of how to go about making a brain injury claim with our expert solicitors:

Step 1: Initial consultation

The first step in your journey is a consultation with one of our specialised brain injury lawyers . During this meeting, we’ll assess the merits of your case, outline the process, and explain how we can facilitate private rehabilitation to maximise your recovery. We’ll also explain how interim payments can sometimes be obtained early on to support you financially, particularly if you’ll be out of work for the foreseeable future.

Step 2: Rehabilitation

The next step is about maximising your recovery. 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. This may not always be possible straight away, particularly if fault for the accident is denied - in those cases, we’ll guide you to access appropriate support through statutory or charitable organisations.

Step 3: Gathering evidence

Collecting the right and appropriate evidence is the backbone of a successful brain injury compensation claim. We'll help you collect all relevant medical records, witness statements and expert opinions. Our team may also arrange for you to undergo further medical examinations to provide a comprehensive view of your injury and its long-term implications.

Step 4: Determining liability

Identifying the responsible party is important in any brain injury claim. Whether it’s an employer, a driver or another person, our brain injury lawyers will rigorously establish liability.

Step 5: Calculating compensation

The amount of compensation you will receive varies depending on the severity of your injury, loss of earnings, future care needs, rehabilitation requirements and other areas of claim. Our experienced brain injury solicitors will seek an amount that accurately reflects your specific circumstances.

Step 6: 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.

Step 7: Settlement or litigation

Many brain injury compensation claims are settled out of court, often by way of a settlement meeting. 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.

Step 8: Receiving compensation

Upon a successful claim, you’ll receive your brain injury compensation, which will be tailored to cover rehabilitation and care costs, loss of earnings and other damages experienced due to your injury.

How much compensation for a brain injury?

Determining the exact amount of compensation for a brain injury claim is a complex process that varies from case to case. Several factors can influence how much compensation you might receive for a brain injury, and the main ones are set out below:

  • Severity of the injury: more severe injuries usually result in higher compensation.
  • Impact on lifestyle: if the brain injury has caused a drastic change in your quality of life.
  • Loss of earnings: if you're unable to work or your earning capacity has been affected by a head or brain injury, compensation for loss of income may be claimed.
  • Medical and rehabilitation costs: any costs for ongoing medical treatment, rehabilitation and specialist equipment.
  • Care needs: the costs of any care, support and assistance you may need, whether supplied by professionals or friends and family members. 
  • Adaptations to your home or vehicle: if your accommodation needs have changed, any adaptations to account for head and brain injuries and allow you to maintain your quality of life can be covered by compensation.
  • Lack of capacity: if a brain injury client lacks the mental capacity to make decisions about their finances as a result of the injury, they may need a professional deputy to help them to manage their compensation. We can seek to recover the costs of that deputy through the claim.

Compensation awarded for pain and suffering is called 'general damages', and is calculated based on the Judicial College Guidelines, which set threshold compensation amounts for different types of injury. As such, a traumatic brain injury claim will deliver much more compensation than for a moderate brain injury, although even a minor brain injury can deliver significant compensation due to the severity of the potential side effects.

Other losses must be proved through receipts, invoices, payslips and other types of evidence. If you or someone you love have experienced a brain injury, specialist solicitors from Switalskis will work to gather the evidence you need and secure the full extent of the compensation you are owed.

Funding a claim for brain and head injuries

One of the most pressing concerns for many people seeking compensation for brain injury is the financial aspect of pursuing a claim. Rest assured, Switalskis offers a range of funding options designed to minimise your financial burden while maximising your chances of receiving the brain injury compensation you deserve.

  • No win, no fee arrangements: We typically offer a no win, no fee agreement for brain injury claims. Under a conditional fee agreement, you only pay legal fees if your claim is successful. This allows you to seek justice and compensation without any financial risk.
  • Insurance coverage: you may have legal expenses insurance as part of your home insurance policy, which can sometimes cover the costs of making a brain injury claim. It's advisable to check your policy documents or consult your insurance provider for details.

Our expert brain injury solicitors will discuss your circumstances with you from the outset of the claim, and make sure that you understand your funding options before your claim moves forward.

What are the time limits for making a brain injury claim?

In most cases, claims need to be made within three years from when you either suffered the injuries, or from when you first discovered them. In the case of brain injuries, you will likely be aware of your injuries immediately. If you’re claiming on behalf of a child, you have three years from their 18th birthday to make a claim.

If you are making an application to the Criminal Injuries Compensation Authority for a brain injury as a result of an assault, you usually have two years from the date of the event.

There can be circumstances where the time for limitation doesn’t start immediately if you lack the mental capacity to instruct solicitors. However, we strongly recommend that you speak to us as early as possible and we can advise on the best time to start the claims process based on your circumstances.

To get started, give us a call today on 0800 1380 458, or get in touch with us through our website to find out more about how we can help.

FAQs answered by a brain injury lawyer

How do I know if I can make a brain injury compensation claim?

There are several elements that determine whether you are eligible for brain or head injury compensation, and how much you could claim. To begin with, you must establish that another party had a duty of care towards you and breached it through negligence or a wrongful act. For example, if a driver behaved negligently on the road and this resulted in a crash, or your employer failed to provide a helmet on a construction site, this would breach their duty of care to you.

You must also prove a direct link between the negligent act and the injury you suffered. This means clearly connecting the breach of duty to the harm caused. You may still be able to claim if you were partly at fault for the accident, provided you can show that the other party was negligent in a way that led to your injury.

You need evidence to prove these facts, which may include medical records, accident reports, witness statements and financial records. All of these types of evidence will serve to support your claim and indicate how much compensation you should receive. If you have this evidence (or believe you could get it with the support of a specialist brain injury lawyer) then you should be entitled to claim. Call our team for advice based on your specific circumstances.

Can I claim on behalf of someone else?

It is often possible to claim compensation on behalf of someone else if they are unable to make the claim themselves. If the person has sustained a brain injury that affects their mental capacity, or if they are a child under 18, a litigation friend can claim on their behalf. This may be a family member, friend or legal representative. In some cases, a prospective litigation friend will have to apply to the court to make decisions on behalf of the injured person, and demonstrate their commitment to making decisions in the injured person's best interests.

If the person died from their brain injury, claims can be made by certain family members, such as a spouse, parent or child, on behalf of the estate. Financial dependants may also be entitled to claim. This type of claim can include compensation for dependency (lost financial support or services that the deceased would have provided), funeral expenses and loss of companionship.

An experienced brain injury lawyer can provide guidance throughout this process, by helping you to become a litigation friend. They can then help you to understand your responsibilities, gather necessary evidence, and navigate the legal requirements of claiming on behalf of someone else.

What you need to know

Legal Resources

Claiming on behalf of someone who has died

In some cases, you can make a compensation claim on behalf of a loved one who died from or injuries that were caused by an accident. Even with legal and emotional support from Switalskis, these situations can be difficult. Our experts have put together this bereavement guide to help you cope during your period of grief.

Switching to Switalskis from your current solicitor

If you’ve started the process of making a personal injury claim and are unhappy with your solicitor, the good news is that it’s easy to switch. Switalskis will handle the process on your behalf, and pick up your claim where it left off. Find out more about how we can help in our guide to switching solicitors.

Why Switalskis?

When it comes to making a successful brain injury claim, expertise and trustworthiness are vital. At Switalskis, we pride ourselves on upholding the following core values:

Clarity in complexity

Brain injury claims are often complex, involving intricate legal processes and medical assessments. Our team of experienced brain injury solicitors simplifies the process for you, providing clear and understandable guidance every step of the way.

Empathy at every step

A brain injury doesn't just affect the person; it has a profound impact on families and loved ones. Our solicitors offer compassionate and personalised support throughout your claim, making sure you’re treated with the dignity and respect you deserve.

Expertise you can trust

Switalskis' brain injury specialists are highly skilled and accredited by leading law societies. Our expertise means your case is in safe hands, and we’re committed to achieving the best possible outcome for your compensation claim

Championing your rights

We work tirelessly to uphold your rights, from offering advice on gathering evidence to making sure you receive appropriate medical assessments. Our brain injury lawyers are dedicated advocates who strive for the justice and compensation you’re entitled to.

Find out how Switalskis can help you

You don’t need to face a brain injury claim alone. Put your trust in Switalskis, our expertise and our compassionate service. Contact us today to schedule a confidential consultation with our specialist brain injury solicitors. Call us on 0800 138 0458 or get in touch via the website .

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