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Brain Injuries: An introduction to claiming compensation

“I particularly valued Thompsons care expert - she really knew her subject and was truthful with us.”

Andrea, mother of Rebecca.

A chance in a million?

Every year around one million people attend hospitals in the UK with head and brain injuries. There are many causes – from road accidents to incidents at work, from accidents in public places to physical assaults.

But whatever the cause, such injuries can change lives in an instant, both the life of the victim and the lives of their family and friends.

And the effects can be long or even lifelong.

First, there is the injury itself and its effects to begin to cope with.

And at the same time, there is also the beginning of coming to terms with all the other emotional, caring and monetary demands.

The prospect is daunting and it’s no surprise that many victims and their families hardly know which way to turn.

Yet successfully claiming for compensation can bring very real help with several of these problems and this booklet is a brief guide to what is involved.

Experience counts! - Why you should use the most experienced injury law firm in Britain.

Thompsons has been established over 90 years and use that experience to maximise every claim.

Which has resulted in several record settlements over the years.

What’s more, our clients keep the full 100% of any settlement – our fees are paid by the other side.

It also costs absolutely nothing to talk to us about your own case and without obligation.

Simply telephone us on 08000 224 224.

“Thompsons were there for me when I needed them” Mr Arde

Mr Arde, a South African citizen, suffered severe spinal and head injuries when he was crushed by a fork lift truck. Thompsons helped him to get leave to remain in the UK and obtain substantial interim payments.

These enabled him to buy and adapt a house and to employ carers. Mr Arde settled his claim for £2.4 million.

Five important points for you to consider

1. Get the best evidence possible

To make a successful claim for compensation for you, we need to prove that someone else was to blame for your accident and injuries. And the stronger the evidence, the stronger the claim.

For example, in a road traffic accident, the kind of evidence you may already have or that we can help collect for you, might be that another driver was driving without proper care and attention or was speeding.

Or with accidents at work, your employer at the time was responsible for providing a safe place of work and safe plant and equipment.

Was this the case when you were injured?

It may also be helpful if you have any photographs relevant to the accident or your injuries.

Even if the evidence collected shows you were partly to blame for your accident you may still have a valid claim if we can prove someone else was also at fault.

2. How much compensation might be awarded?

Compensation is awarded for pain, suffering and the inability to do things you could do before your accident.

It is also awarded for the accident’s effect on your physical mobility and mental health.

Thompsons has more experience at working to maximise such clams that any other law firm in Britain.

We will obtain expert medical reports on your injuries if necessary.

And we will claim for all your losses and expenses. Including loss of earnings now and in the future, and the costs of your care and assistance now and in the future – right down to the costs of having others do jobs for you that you used to do yourself such as DIY, gardening and car maintenance.

If your home needs to be adapted to your condition, we will claim for that.

And we will claim all travelling expenses incurred because of the accident, including those of close relatives visiting you in hospital.

3. Rehabilitation and Care

Rehabilitation is an important part of recovery from brain injury and it is vital to gain the right help and advice as soon as possible.

At Thompsons, for example, we work with head injury experts and the NHS to make our clients’ ongoing care and treatment as continuous and straight forward as possible.

After a brain injury a patient may need to see several specialists, both during their time in hospital and after they have returned home.

Such specialists can include psychologists, speech and language therapists, occupational therapists, physiotherapists and social workers.

Additionally, long term or lifelong support may be needed in the case of a severe brain injury.

Local authorities can provide some of this. And an experienced lawyer can help you to gain access to these, or similar services, as part of your claim.

Funding for support may also be available through your claim and the amount will be assessed carefully to reflect your long-term needs.

For very serious injuries we work with 3 further types of specialists.

First, case managers – to plan and coordinate any rehabilitation, care and support the patient may need.

Second, support workers – to support the patient in their home and in the community.

And third, job coaches – to help the patient look at ways of returning to their current employment, or to provide training to allow them to work in new areas.

4. Timing can be vital

You should seek legal advice as soon as possible – action needs to be started within 3 years of the date of the accident.

There are exceptions, for example in relation to claims made by children. But it is always best to see a solicitor as soon as possible after the accident.

As far as Thompsons is concerned the more time you have in hand, the more thoroughly we can prepare your claim.

In appropriate cases, we can apply for an ‘interim payment’ of compensation.

This can help with essential things like the cost of care or urgent housing adaptations.

If you are a member of a trade union, contact your local representative as your claim will probably be supported by their own union legal scheme.

5. What about state benefit claims?

You may be entitled to disablement benefit and/or other state benefits. Thompsons can advise you on this as, of course, can your local Department for Work and Pensions (DWP) office.

Any such claims are made separately to your claim for compensation. The phone number of the DWP benefit enquiry freephone is at the bottom of this page, along with other helpful numbers.

Who will represent you?

An experienced solicitor will work with medical professionals who will provide detailed evidence about your injuries – as well as recommendations for the care needed for your future.

Below are just three of Thompsons’ brain injury clients and they have told their stories in their own words.  There are, of course, many more such clients.

We have specialist serious injuries teams, with experience in winning multi-million pound settlements.

And as already mentioned, our clients always keep 100% of their settlements.

It’s all part of what has made Thompsons Solicitors the most experienced personal injury law firm in the UK.

Why settle for less – particularly as our services are completely free to our clients.

Robin’s story

“… thanks to the Thompsons team and their negotiating skills, the funds are there to make sure Robin is looked after for the rest of his life.”

Dave, father of Robin

“When my son, Robin, was 16 he was the victim of a road traffic accident. He was thrown about 10 feet into the air, landed on the car and suffered a severe brain injury.

Robin spent 5 days in a coma in intensive care. He then spent a further 3 weeks in hospital before being allowed home.

I got in touch with Thompsons Solicitors who are personal injury claim experts. Both Robin and I found it easy talking and dealing with them throughout the period of the case. They explained the processes, laid out timescales, negotiated interim payments for Robin so that his rehabilitation could continue… They were also very thorough at going through all the costs connected with Robin’s claim.

Thompsons had such an empathy with Robin that he calls the solicitor who handled his case his ‘Guardian Angel’.”

Rebecca’s story

“Rebecca is 22 now and the compensation has made so many different things a lot better for all of us.”

Andrea, Rebecca’s mother

“When she was 13 my daughter, Rebecca, went out with a friend and didn’t come back.

She had been hit by a passing car…she had very severe brain damage, was in intensive care for 7 weeks, was blind and confined to a wheelchair.

The doctors at that time told us Rebecca would never see again.

But my husband, Carl, and I both felt sure she could see and later on that proved to be true.

After the intensive care, she was on wards for 6 more months.

We first heard of Thompsons Solicitors through Headway, the brain injury charity. They told Rebecca to find the Thompsons’ website on the internet.

This led to us having a meeting with Thompsons about pursuing a claim for compensation and it quickly became obvious how important it was that Thompsons are very experienced in such claims.

They were very helpful from the start – explaining what was involved, how long it might take and very thoroughly going into what was needed now and would be needed in the future.

Some of the costs we were incurring were already too much for us, even with family help, and Thompsons were terrific at getting us interim payments.

All the experts Thompsons brought in to help us were good people too - they made a big and helpful difference with everything from financial planning to home modifications.

Rebecca is 22 now and the compensation has made so many different things a lot better for all of us.

We were able to buy a bungalow and have it specially modified for Rebecca’s needs.

And she continues to improve. Her memory and speech are getting better.”

Andrea, Rebecca’s mother

Patrick’s story

“Thompsons Solicitors… were brilliant right from day one! And the whole case was all done quicker than we thought it would be!”

Patrick’s mum

“I was absolutely devastated when my son, Patrick, had his accident.

He was badly brain damaged when a gantry he was working from collapsed and I was told he was unlikely to survive.

Only a few years earlier I had lost my husband – and now I was facing the loss of my only child.

I was also extremely angry to learn the gantry had collapsed because the wrong bolts were used to secure it.

But I never say “never” and thank goodness Patrick regained consciousness, although he was unable to speak.

In fact, he was to spend the best part of the next 4 years in hospital and rehab.

Even though improvement was hoped for it was very clear Patrick was going to need lifelong care and remedial therapies and a home specially adapted to his condition.

The costs of all this were hopelessly beyond my reach.

I had already had to give up my work to help look after him, even before he came home.

I met Thompsons Solicitors to discuss claiming for compensation on Patrick’s behalf and see what other help I could get and they were brilliant right from day one!

They explained everything ... we got an interim payment quite quickly which enabled the purchase and adapting of a bungalow to suit Patrick’s needs before he was discharged from the hospital.

And the whole case was all done quicker than we thought it would be!

Thompsons kept in touch all the time, brought in various specialists and experts, and were very thorough in assessing the present and future costs of care for Patrick.

I was very happy with the settlement and I’ve got detailed accounts covering the next 40 years!

It’s now five years since the accident and Patrick is severely disabled and will always need care. Nevertheless he is now speaking more and more, feeding himself, doing his own toiletries, learning how to walk - and he swears brilliantly!”

Useful contacts

Department for Work and Pensions benefit enquiry line:
Freephone 0800 88 22 00
Textphone 0800 24 33 55

NICE (National Institute for Health and Clinical Excellence)
www.nice.org.uk

AvMA (Action against Medical Accidents)
www.avma.org.uk
0845 123 23 52

Care Quality Commission
www.cqc.org.uk
03000 61 61 61

NHS Direct
www.nhsdirect.nhs.uk
0845 4647

Headway
www.headway.org.uk
Freephone 0808 800 2244

ICAS (Independent Complaints Advocacy Service)
www.carersfederation.co.uk/what-we-do/icas

Independent Living Funds
0845 601 8815
funds@ilf.org.uk
www.ilf.org.uk

MomentumSkills
www.momentumscotland.org
GemmaArmstrong@rehabuk.org

Momentum North East Brain Injury and Neurological Conditions Services
0191 232 0234

Momentum Midlands
0121 616 3900

Further Information

Call us, without obligation, for free compensation claim advice on 08000 224 224.

Or if you are in a union, ask your representative for advice.

The information contained in this brochure is not a substitute for legal advice, and only applies in England and Wales.

You should talk to a lawyer or adviser before making a decision about what to do.

Authorised and regulated by the Solicitors Regulation Authority.

May 2010