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Reviewed by
Peter Rigby - Director of Medical Negligence | Last updated on: 21st August, 2024
We've got your Brain Damage Claim covered
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- UK's highest-rated medical negligence solicitors
Each year in the UK, approximately 130,000 people are admitted to hospital as a result of a brain injury. Some of these, sadly go on to develop severe complications which become classed as brain damage. While the symptoms of these injuries vary, they often cause a range of behavioural, cognitive, and physical issues that significantly impact the long-term wellbeing of those affected.
At times, the injury may be catastrophic, meaning the person can no longer live independently. The impact of the injury can be devastating for both the person affected and their family members who need to take care of them. Many times, these injuries occur due to ‘trauma’ from an accident or incident involving a blow to the head. Unfortunately, even health professionals may also make mistakes which lead to these types of brain injuries.
Our medical negligence solicitors are experts in getting the compensation and treatment you or your family member deserves. Our dedicated team will take the stress out of the claims process and has many years’ in-depth experience dealing with serious brain damage injury cases. So, you can rest assured we’ll bring the best legal minds to your case.
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What is a brain damage compensation claim?
If the brain damage has been caused or contributed to by trauma following an accident or incident in hospital, or through the negligent treatment of a health professional, then you could be entitled to compensation.
Medical negligence may result in brain damage when a health professional makes a mistake or fails to follow the correct procedure. For example, your health professional may have failed to diagnose your condition or may have performed substandard surgery.
Determining if a brain injury was the fault of your health professional is not as clear cut as some other negligence cases. In most cases, we will be required to carry out an investigation to identify the contributing factors to the injury. This will usually include obtaining your medical records and seeking an expert opinion on the cause(s).
If we believe you have a strong case, we will want to achieve the best possible outcomes for you. We may also obtain expert reports to assess what home modifications or alternations you may require.
In some circumstances, the affected person may not have the capacity to look after his or her own affairs, including pursuing a claim in negligence. If this is the case, a “Litigation Friend” may be appointed to run the proceedings on the affected person’s behalf.
Is there a time limit on claiming compensation for a brain damage compensation claim?
With capacity
A claim for negligence must be made within three years of the accident or in the case of medical negligence, the date (“date of knowledge”) on which the affected person became aware (or ought reasonably to have become aware) that he or she suffered as a result of the health professional’s acts or omissions.
The date of knowledge is not the date on which the injury occurred unless you knew or ought to have known about it at that time. Sometimes people do find out that a mistake has been made straight away, but sometimes it can actually be a matter of months, even years, before realising something has gone wrong.
If you or the person the mistake happened to is, or was under the age of 18 at the time the incident occurred, then the time limit is three years from the date of their 18th birthday (i.e. their 21st birthday).
Without capacity
If the affected person does not have the mental capacity, there can be no time limit, unless the person regains capacity. Often a brain injury will cause someone to lack capacity, so it is fairly common in these cases for the time limit not to apply. It is crucial to seek legal advice on this.
Why Choose Patient Claim Line for your Brain Damage Claim?
Not just lawyers — medical negligence experts
Patient Claim Line was established in 2014 and consists of a team of medical lawyers specialising in cancer negligence and general medical negligence claims.
At Patient Claim Line we have more than 100 solicitors with a combined experience of over 400 years and they will work on your behalf to achieve the best result possible for you.
It’s not enough to use a solicitor who sometimes covers medical negligence. You need someone who knows this area through and through. That is what the solicitors here at Patient Claim Line do. They deal exclusively in this area of law and are experts in the field.
Frequently asked questions about Brain Damage Claims
Our expert legal team answer your questions about making a Brain Damage Claim
A brain damage claim could be worth hundreds of thousands of pounds according to the severity of the injury. Compensation exists as a blanket of financial aid to account for loss or reduction of income, the cost of rehabilitation and the care required following brain injuries that have impacted your independence. The amount of compensation awarded will be dependent on your individual circumstances and will consider how the injury has impacted your life.
The time limit for making a compensation claim is generally three years from the ‘date of knowledge’ which refers to the date in which you first became aware that a medical mistake had been made. This could be immediately after the incident or some time later. If you or the person affected is, or was, under the age of 18 at the time of the incident, the time limit is three years from their 18th birthday. This means that claims must be made prior to their 21st birthday.
If the person with the brain damage does not have the capacity to look after their own affairs, a ‘Litigation Friend’ can be appointed to make a claim on behalf of the person affected.
For individuals who do not hold the mental capacity to put forward a claim for their brain injury, there are also no time limits, however, it is important to seek legal advice on this.
Once a claim has been made, there will be an investigation to identify the contributing factors to the injury. This usually includes obtaining medical records and seeking expert opinions. It can be difficult to determine whether a brain injury was the result of medical negligence. However, if after listening to your story and collecting evidence, we believe that your brain injury case is strong, we will strive to achieve the best possible compensation for you to start rebuilding your life.
To make a brain damage claim, you should start by contacting a specialist medical negligence lawyer who can tell you whether you have grounds for a claim or not. Should you choose to pursue the claim, the law firm will take care of the entire process for you. They will access medical records, pay for experts and arrange any tests or evaluations. It is best to make a claim as early as possible to ensure you have strong evidence and you should proceed with a no win no fee arrangement for added peace of mind.
Meet our Brain Damage Team
Case Study
Robert's Story
"You couldn’t ask for a better team"
After his symptoms were misdiagnosed, Robert suffered a stroke affecting the left side of his body. He was in hospital for five weeks and had to attend physiotherapy for six months as part of his recovery.
Our team secured a substantial compensation, which took into consideration the physical and mental impact of Robert’s misdiagnosis on him and his family.
This enabled Robert’s wife to give up work as well as buy a bungalow together, making it easier for Robert, with his mobility problems. Robert is looking forward to going back to the music concerts and car shows he used to enjoy, as well as spending more time with family.
