If you have sustained a brain injury caused by an accident or assault you may be entitled to claim compensation not only for the actual injury itself, but for financial losses such as loss of earnings, the cost of care and assistance, medical costs, necessary equipment and so on. Even if the other party is only partly to blame, you may still be entitled to compensation.

Many people fail to claim compensation simply because they are not aware of their legal rights. Sometimes people are afraid to bring a claim against someone they know, for example an employer, but this is why most accident claims are covered by insurance (i.e. motor insurance, employers’ liability insurance or public liability insurance) and a solicitor will deal with the insurers directly on your behalf.

Most solicitors will be happy to talk to you or someone on your behalf free of charge for initial advice. If you decide to pursue a claim, most solicitors will be able to act for you under a No Win No Fee Agreement, which means that you won’t have to pay any costs throughout the lifetime of the claim (but you may have to pay a contribution towards costs out of the eventual damages awarded).

Even if you already have a solicitor acting for you but are unhappy with how the case is being dealt with, you can usually obtain a pro-bono (free of charge) second opinion from another solicitor. You have the right to change your legal representative at any time you wish.

Choosing the right solicitor

This is one of the most important decisions you will need to make after an accident or injury. The effects of brain injury and impact upon someone’s life are often complicated and it is important that your legal representative understands the complexities involved in dealing with a brain injury claim.

Headway – the brain injury association have set up a Solicitors Directory of solicitors who have all agreed to work within the Headway Personal Injury Lawyers Code of Conduct. These specialist lawyers are experienced in dealing with brain injury claims and often have contacts with services that may be of assistance to you following a brain injury, such as case managers, occupational therapists and psychologists.

Affinity Law are a firm of specialist solicitors dealing with serious injury claims, including brain injury claims. Both the Derby and Leicester offices are listed on the Headway Head Injury Solicitors Directory.

Whilst you do have three years to claim compensation for an injury, it is important to obtain legal advice as soon as possible as this can assist with funding medical treatment, therapies and care, and help you to reclaim any lost earnings.

If you have been the victim of an assault, your claim may be pursued through the Criminal Injuries Compensation Authority (CICA) for which there is a two-year period for making an application.

Benefits of making a compensation claim

A compensation claim isn’t just about recovering damages for your injury and losses – many insurers may agree to pay for and fund private therapy, support and treatment if required. A private case manager is often appointed to support you with many aspects of daily living after a brain injury, and they may recommend support from others as well.

The aim of a personal injury claim is to put the individual in the same position they were in before the accident or assault, so far as the law is able to do so. This means that the insurers of the responsible party will pay for not only the injury you have sustained, but for any losses, care, support and rehabilitation you may need to assist with your recovery as far as possible.

Mental Capacity

One of the common consequences of a brain injury is that a person may lose the mental capacity to make financial decisions for themselves, particularly where that might involve receiving a large amount of compensation from a personal injury claim. Sometimes a family member can be appointed as a deputy to help manage your finances but often a professional person, such as a solicitor will be appointed.

What questions should I ask a solicitor?

Here are some questions you could ask your prospective solicitor:

• How long have you undertaken brain injury work and how many cases are you handling at the moment?
• Will you be dealing with my case personally?
• What are the options for funding my case e.g. No Win, No Fee, legal expense insurance, legal aid?
• Are you prepared to visit me at home if necessary?
• Can I phone you if I have any problems?
• Do you have experience working with brain injury professionals?
• Do you have links with your local Headway group?

If you’ve sustained a brain injury and think you have a claim to pursue, call us on 01332 447 998 to speak to an expert solicitor.