Brain Injury Compensation Claims

Is there a time limit for Brain Injury Claims?

As with most personal injury claims in the UK, Brain Injury Claims are subject to time limits which can vary depending on a number of factors. The general rule is that a claim must be started within 3 years of the original injury or from the date of knowledge, which is the date that the full effect of the injury was discovered.

This is the time limit to begin court proceedings: speaking to a legal representative is not enough, the legal process must be started within 3 years.

There are some situations in which your time limit to make a Brain Injury Claim may be extended or reduced.

• Brain injuries involving children may be eligible for compensation up to 3 years from the child’s 18th birthday.
• If someone lacking legal mental capacity suffers a brain injury, they may claim at any time until they are deemed to have regained mental capacity under the Mental Health Act 1983.
• Criminal assault injury claims can only be pursued for 2 years after the accident.
• You have 3 years from the date of death, or the date of knowledge if the cause is concluded in a post-mortem, to pursue a fatal accident claim.

The Court may also decide to extend or reduce the time limit for a claim based on a number of other factors on a per-case basis. This is why it is vital to speak to an expert brain injury compensation solicitor, and ensure your claim is valid.

What evidence do I need for Brain Injury Claims?

Documenting evidence for your accident is vital to pursuing Brain Injury Claims, and can help you obtain the highest amount for your settlement.

Depending on the nature of your brain injury, different pieces of evidence may prove fundamental to get compensation.

If you have suffered a traumatic incident, such as an accident at work or a road traffic accident, you should make sure that any CCTV footage available is kept and stored securely, as well as photographic evidence of the accident and surrounding area. Reports from witnesses, experts, and medical professionals are also very important.

Medical records of your injuries will prove how the incident has affected your life, and will provide a strong foundation for your Brain Injury Claim. Our solicitors have an extensive network of personal injury experts and doctors who can carry out medical examinations and assess your injuries to calculate how much compensation you may be entitled to.

Can I make No Win No Fee Brain Injury Claims?

When we assess your Brain Injury Claim, we will let you know how strong your case is, and how likely it is that you’ll be successful in pursuing compensation.

If we believe you have a strong case for brain injury compensation, we can offer to support you on a No Win No Fee basis. This means that if your claim is unsuccessful, you will not be liable for any legal fees. This is also known as a Conditional Fee Agreement (CFA).

Physiology of the Brain

The brain is a highly complex organ that controls all functions of the body, interprets information received from the outside world via our five senses, and embodies the essence of the soul and mind. Creativity, memory, intelligence, and emotion are just a few of the multitude of things governed by the brain. Encased within the skull for protection, the brain is composed of three parts, the cerebrum, the cerebellum, and the brainstem.

The brain processes complex information received from the five senses - normally processing the information received from multiple senses at any one time. It interprets the information in a way that has meaning for us, and then if that information is of consequence, stores that information in our memory. The brain controls a huge number of bodily functions, including movement, memory, speech, and thoughts, as well as controlling the function of many organs within our body.

The central nervous system (CNS) consists of two key elements, the brain, and spinal cord. The peripheral nervous system (PNS) is composed of spinal nerves that branch from the spinal cord, connecting with muscles and organs, and cranial nerves that branch from the brain to connect with your head, neck, and trunk.

Cerebrum

The largest part of the brain, the cerebrum is composed of the left and right hemispheres and accounts for nearly two-thirds of the total mass of the brain. There is normally one functionally dominant hemisphere, ordinarily, the left and this controls speech, comprehension, writing, and fine movement, whilst the right side is responsible for creativity, spatial ability, artistic, and musical skills. The left hemisphere is dominant in hand use and language in approximately 92% of people.

Cerebellum

The Cerebellum, which is Latin for “little brain”, is located under the cerebrum. Its function is to coordinate voluntary movements, controlling the timing and force of the muscle groups. It is also responsible for a number of other functions including motor skills such as coordination, balance, and posture.

Brainstem

The brainstem is the smallest component of the brain, making up below 3% percent of its total weight. It is an integral part of the central nervous system, acting as a relay centre connecting the spinal cord to the cerebrum and cerebellum. It performs many automatic functions such as breathing, heart rate, body temperature, wake and sleep cycles, digestion, sneezing, coughing, vomiting, and swallowing. It is also of vital importance in the conveyance of motor and sensory pathways from the rest of the brain to the body, and from the body back to the brain.

Brain Injury classifications

Acquired Brain Injury (ABI)

An Acquired Brain Injury (ABI) is an injury affecting the brain that was sustained at any time after birth.

Someone could sustain an Acquired Brain Injury in one of two ways, they may be the victim of a Traumatic Brain Injury (TBI), sustained in an accident or an assault or they could be affected by a Non-Traumatic Brain Injury, caused as a result of a ‘non-traumatic’ event, i.e. brain tumour, stroke, hypoxia or medical negligence.

Traumatic Brain Injury (TBI)

This type of injury is described as a disruption to normal brain function potentially caused by a bump or blow or jolt to the head or by a penetrating head injury. The common causes of Traumatic Brain Injuries are road traffic accidents, accidents at work or home, physical assault, trips and falls or negligence during a medical procedure, such as surgery.

A TBI injury, at least initially, will have been caused by an external force, but often the initial injury is compounded by further complications, such as lack of oxygen reaching the brain, swelling on the brain or reduced blood supply to the brain.

The first injury - occurs in the immediate seconds after the traumatic event and can come in three types:

• Closed Head Injury - these are the most prevalent and are categorised as an injury where the skin remains unbroken. These are most commonly caused by rapid acceleration or deceleration, for example when a car hits an immovable object or when a car is struck from behind by a 3rd party vehicle.
• Open Head Injury or Penetrating Wounds - These are far less common and are categorised as an injury where the skull is compromised, and the brain tissue is exposed and damaged. These sorts of injuries can be caused by road traffic accidents, gunshot wounds or being hit by a sharp object.
• Crushing Injuries - This type of injury is caused when the cranium is crushed between two hard objects, this could be caused by a pedestrian being run over, resulting in their head being caught between the wheel and the pavement. This type of injury tends to affect the base of the skull and damages the nerves of the brain stem, as opposed to the brain itself.

The second injury - happens in the following minutes and hours, depending on the speed and quality of medical treatment. This type of injury is normally caused when the brain is starved of oxygen or blood flow to the brain is compromised, exacerbating the effects of the first injury

The third injury - can happen at any time after the first and second injury and can cause further complications. This type of injury could be as a consequence of bleeding, bruising or swelling in the brain or as a result of the development of blood clots.
Non-Traumatic Brain Injury
This type of injury is caused by something occurring within the body, rather than an external force. There are many things that can cause a Non-Traumatic Brain Injury, but common causes are strokes, brain tumours, hypoxia, brain haemorrhage or aneurysm, medical negligence or poisoning, such as carbon monoxide.

Non-Traumatic Brain Injury

This type of injury is caused by something occurring within the body, rather than an external force. There are many things that can cause a Non-Traumatic Brain Injury, but common causes are strokes, brain tumours, hypoxia, brain haemorrhage or aneurysm, medical negligence or poisoning, such as carbon monoxide.

Making a Brain Injury Compensation Claim

You are likely entitled to compensation if you have suffered a brain injury following an accident or medical negligence because of the provable fault of a 3rd party.

PSR Solicitors is a leading law firm, and we ensure the best expertise, experience, and knowledge to support your brain injury claim. With our specialist brain injury solicitors, you can rest assured that you will get the best possible outcome - and the highest payout for your brain injury claim.

If your claim is unsuccessful, our No Win No Fee promise offers you the peace of mind that there will be no legal costs to pay, meaning no risk to you.

All PSR’s Personal Injury Solicitors in Wales and our Injury Lawyers in Cheshire are accredited by the Law Society for Personal Injury Claims. Our accredited status as sprovides the reassurance you should be looking for and guarantees that we have the expertise and tenacity to secure the maximum levels of compensation for you or your family.

Covering North Wales and Cheshire, with offices in Colwyn Bay, Ellesmere Port, Rhyl, Shotton, Wrexham, Wallasey, and Chester. PSR Solicitors is one of the leading firms of Personal Injury Solicitors out there, affording you confidence that if you recruit the services of one of our expert solicitors, they will manage the entire claim and allow you to concentrate on more important issues, like recovery.​