Brain injury claims can be complicated and can often lead to dreadful consequences for the patient, as well as for those closest to them.
It is essential that the right legal advice and support is obtained at the outset. A brain injury claim can be high value if severe brain damage is involved. Compensation is awarded not just for the injury itself but for loss of earnings, care and case management, accommodation, physiotherapy, and other heads of loss.
Our experienced and dedicated team are highly specialised in this area and have achieved substantial settlements for clients as a result of successful litigation, often on a No Win, No Fee Basis. We take a personal approach to our client care and offer clear advice, supporting you every step of the way.
We understand the extreme difficulties and hardship these injuries cause our clients and their loved ones. Our compasssionate and experienced team will guide you through every step of the process of your claim, ensuring that you receive the support you need at the earliest opportunity.
Brain Injury Claims - FAQs
The most common causes of brain injuries
Young children and the elderly are most at risk from a traumatic brain injury. The most common cause is from vehicle related collisions, falls, violence, sports injuries, explosive blasts and combat injuries.
What is the time limit for making a brain injury compensation claim?
There are strict time limitations for brain injury compensation claims and you should seek legal advice as soon as possible if you wish to pursue and claim. Court proceedings must be started within three years of the incident.
Can I make a brain injury compensation claim on someone’s behalf?
To successfully bring a claim on someone else’s behalf you must be a trusted family member, parent, guardian or carer for a child or someone who lacks mental capacity.
How can compensation for a brain injury help?
Compensation may help in a number of ways including funding medical treatment and rehabilitation, professional care, maintaining independence and improving quality of life, a gap in wages if you have had to take time off work etc.
How We Can Help
Our team are happy to discuss your medical negligence claim at a free initial interview. We can be contacted on freephone 0800 011 6666 or via email at legal@timms-law.com.
Detailed below are a couple of case studies:
Case Study 1
The Claimant was born with congenital right hemiparesis from maldevelopment of the left cerebral hemisphere, later had a left parietal hemispherectomy, and subsequently developed meningitis and hydrocephalus which led to a brain shunt being inserted.
However, years later she experienced a number of seizures, was having severe balance problems and her speech was slurring and she was mainly confined to bed. She was admitted to the Defendant’s hospital and a decision was eventually made to revise the shunt after some delay.
However, by this stage the Claimant had suffered irreversible damage and the cause of the deterioration in her condition was a blocked shunt, which should have been treated as an emergency. Expert evidence on breach of duty and causation was obtained from Mr Todd, a consultant neurosurgeon. A report from a consultant in clinical neuropsychology dealt with the Claimant’s short- term memory, aggressive behaviour, communication difficulty and depression. The Defendant argued that the Claimant’s pre-existing condition was significant and that since the events complained of the Claimant’s condition had worsened dramatically as a result of an unrelated encysted fourth ventricle.
Furthermore, that the Claimant’s injury only brought forward by ten years a condition that would have developed anyway. Our own expert neurologist agreed it was a claim for advancement only. Nevertheless, a settlement of £750,000 was eventually obtained after a listing for a five- day trial.
Case Study 2
This was a fatal accident claim arising out of surgery for the removal of a brain tumour after which the deceased developed a perforated abdominal viscus which was not treated appropriately and from which the deceased died.
Unfortunately, the surgeon concerned passed away and the Defendant’s expert mislaid the CT scan. A dispute then arose over whether the tumour was sited in the right cerebellar hemisphere, as the Claimant contended, or the brain stem, in which case the prognosis would usually be less than one year and exceptionally more than two years. During the period of survival, he would have been unable to undertake any work or carry out significant household duties and hence, the dependency would be nil.
Eventually, a report was obtained from a neuropathologist based on slides of the brain taken at an autopsy which indicated the tumour was in the right side of the pons and medulla. A payment into court of £200,000 was accepted.
Results that speak for themselves
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