Brain Injury Claims

Brain Injury Claims

For finding a way to move forward

Navigating the aftermath of a brain injury can be overwhelmingly challenging, both emotionally and practically. Whether it's the result of a workplace incident, assault, or an unfortunate road accident, it's important to seek the expertise of a professional who can guide you through the process of claiming compensation under brain injury law. That's where we come in.

As specialists in brain injuries, we're 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.

To speak to a solicitor about making a brain injury claim, contact us today by calling 0800 138 0458 or get in touch via the website .

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.

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 mild or severe traumatic brain injuries, 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.

Read what our clients had to say about the help they received from Switalskis

Making a 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 team of brain injury 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, 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, medical practitioner 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, and other factors. Our experienced brain injury solicitors will calculate 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. 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 medical 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:

  • 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, this will be reflected in the compensation.
  • Loss of earnings: if you're unable to work or your earning capacity has been affected, compensation for loss of income may be considered.
  • Medical costs: any costs for ongoing treatment, rehabilitation and specialist equipment are usually accounted for.
  • Pain and suffering: emotional and psychological impacts can also factor into the compensation awarded.
  • Lack of capacity: if you lack the mental capacity to make decisions about your finances as a result of your injury, you may need a professional deputy to help you manage your compensation. We can seek to recover the costs of that deputy through the claim.

What evidence do I need for a successful brain injury claim?

To succeed in your brain injury claim, the collection of thorough and compelling evidence is important. Switalskis boasts a team of skilled brain injury lawyers well versed in assembling robust cases to maximise your chances of receiving the compensation you need. Below are some key types of evidence that are instrumental in making a brain injury claim.

Medical records

Medical documentation serves as a cornerstone for any brain injury compensation claim. This can include:

  • Medical examinations immediately following the incident
  • Ongoing treatment records
  • Specialist reports regarding the severity and long-term impacts of the injury

Expert opinion

The input from medical experts, such as neurologists and psychologists, can lend significant weight to your case. They can provide detailed assessments and future prognoses of your condition.

Witness statements

If there were any witnesses to the incident that caused the brain injury, their testimonies can be invaluable in establishing liability. Not only that, witness statements from loved ones or those who know you can provide valuable insight into how the accident affected you and how you have changed as a result.

Photographic and video evidence

 Photos or videos from the scene of the incident can offer further context and substantiate your claims, especially in instances where the environment or equipment may have been a contributing factor.

Financial documentation

Keep records of all expenses related to your injury, including medical bills, travel costs to medical appointments, and any other relevant expenditures. If you've experienced loss of earnings, payroll records or letters from your employer can be included as evidence.

Police reports

If the injury was the result of a criminal act or a road traffic accident, a police report could be essential for corroborating your story. Our team will seek to obtain this on your behalf.

Employment records

If your brain injury has led to time off work or even job loss, your employment records can validate claims for lost earnings and future loss of income.

Personal diary

Maintaining a diary that outlines the day-to-day impact of your injury can also be useful. This can include details of your physical and emotional suffering, which are often vital when claiming for pain and suffering.

The expert team of brain injury lawyers at Switalskis can assist you in gathering all the necessary evidence to build a strong case. If you're facing a brain injury claim and need comprehensive advice and representation, don't hesitate to contact Switalskis.

Funding a brain injury claim

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 arrangement: perhaps the most sought-after funding option is the no win, no fee arrangement. In this setting, you only pay legal fees if your brain injury claim is successful. This makes sure that you can seek justice and compensation without the initial financial stress.
  • 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.

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 CICA 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 get advice as early as possible and we can advise on the best time to start the claims process based on your circumstances.

Our brain injury claims specialists

photo of Mark Hollinghurst
Mark HollinghurstDirector and Solicitor
photo of Ewan Bain
Ewan BainSenior Associate Solicitor
Photo of Maria Dallas
Maria DallasChartered Legal Executive
Photo of Julie Wilkinson
Julie WilkinsonLitigation Executive
View more

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.

Types of brain injuries

Understanding the nature and extent of a brain injury is important when seeking compensation. At Switalskis, our expertise in brain injury law enables us to address a wide range of injuries. Below are some of the common types of brain injuries that we deal with:

Traumatic brain injury (TBI)

Traumatic brain injury happens when a sudden, external force impacts the head. This could be due to a car accident, a fall or a blow to the head. TBIs can vary in severity from mild to more severe and debilitating conditions.

Minor head injury and concussion

A concussion is a form of mild traumatic brain injury, often caused by a sudden blow to the head. While usually not life-threatening, the effects can be serious and long-lasting if not properly treated.

Diffuse axonal injury (DAI)

In a DAI, the brain’s long connecting nerve fibres are torn when the brain is injured as it shifts and rotates inside the skull.

Penetrating injury

These injuries happen when a foreign object enters the skull and affects the brain tissue. The damage is often localised but can have far-reaching implications depending on the affected area of the brain.

Treatment at a hospital

You may have sustained a brain injury as a consequence of medical treatment or advice, either by way of a hypoxic brain injury, an or something similar. Our medical negligence team can advise you on whether or not you can claim compensation.

When you consult with our brain injury solicitors, we'll conduct a comprehensive assessment to understand the specifics of your injury. This information is vital for pursuing a brain injury compensation claim tailored to your circumstances.

At Switalskis, we are well-versed in handling various types of brain injuries, making sure that your claim reflects the true extent of your injuries and the care you'll need moving forward. Trust our team to guide you through these complexities with expertise you can rely on.

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, a brain injury may also restrict mobility and movement that may need 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.

Why Switalskis?

When it comes to navigating the complexities of brain injury claims, 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

Don't navigate the complexities of a brain injury claim alone. Put your trust in Switalskis' expertise and 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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