Brain Injury Specialist Solicitors

A brain injury is any damage to the brain that affects how it functions. For example, injuries that impact thinking, memory, emotions, behaviour and physical capabilities.

The effects of traumatic or acquired brain injuries can range from mild and temporary to severe and life-changing, depending on the nature and extent of the injury.

If you believe you have suffered any kind of brain injury due to negligence, contact Satchell Moran now.

There are two main types of brain injury, traumatic and acquired:

Traumatic Brain Injury (TBI)

Caused by an external impact to the head:

• Concussion: Mild, temporary disruption of brain function (e.g. sports, falls, car accidents)
• Contusion: Bruising of the brain, sometimes requiring surgery
• Diffuse Axonal Injury: Severe injury from rapid movement, often causing unconsciousness
• Penetrating Injury: Object enters the skull, typically causing serious damage
• Second Impact Syndrome: A second concussion before recovery from the first, potentially fatal

Acquired Brain Injury (ABI)

Caused by internal factors:

• Anoxic: Complete lack of oxygen (e.g. drowning, choking)
• Hypoxic: Reduced oxygen supply (e.g. smoke inhalation)
• Toxic: Exposure to harmful substances (e.g. carbon monoxide, chemicals)

The brain injury claim process typically follows these key steps:

• Initial assessment – Satchell Moran’s brain injury solicitor reviews the circumstances of the injury and whether there are grounds for a brain injury claim.
• Gathering evidence – We will help you collate medical records, expert reports, witness statements and proof of financial losses to support your claim.
• Establishing liability – We will identify who is responsible and demonstrate brain injury negligence or fault.
• Medical evaluation – Independent specialists assess the extent and long-term impact of the brain injury.
• Valuing the claim – Compensation is decided based on pain, suffering, care needs and financial losses.
• Negotiation – Both parties attempt to reach a settlement without going to court.
• Court proceedings – If no agreement is reached, the brain injury claim may proceed to court for a final decision.

Your brain injury claim will usually be made against the person, organisation or insurer responsible for the injury. Who is liable will be dependent on how the injury occurred:

• Road traffic accidents: the at-fault driver via their insurance company
• Workplace accidents: your employer, if they failed in their duty of care
• Public place incidents: a local authority or property owner if they were responsible for maintenance
• Medical negligence: a healthcare provider or professional that causes the injury
• Criminal acts: the offender, or in some cases, a compensation scheme

Satchell Moran can help you claim compensation for a brain injury, regardless of how it occurred, as long as another party was at fault or legally responsible.

How long you have to make a brain injury claim depends on the complexity and severity of every individual case. 

Most claims follow a three-year time limit; however, children typically have until their 18th birthday before the three-year statute begins. 

• Complexity: Brain injury claims generally take longer than standard medical negligence cases due to their complexity. They often require input from multiple experts on both sides before moving forward.
• Children’s Claims: For children, it often takes years to assess the long-term effects that may only become clear as they grow older.
• Adult Claims: For adults, courts must ensure the prognosis is fully understood before approving a settlement, which can also take time.
• Time Limits: You have three years from the date of the injury occurring to claim compensation.
• Exceptions: There are a few exceptions to that rule, for example, if the brain injury survivor is a child or an adult who doesn’t have the capacity to manage their claim.

While we prepare every brain injury case thoroughly as it may go to trial, most claims are resolved before reaching that stage. Trials are a last resort, and even when liability is denied, most traumatic brain injury cases settle beforehand.

Satchell Moran can help parents secure compensation for their child’s brain injury. You can claim on behalf of your child any time from when the injury was sustained, up until they turn 18.

From their 18th birthday, they then have 3 years to file their claim for brain injury compensation.

In cases where the injured person cannot bring the claim themselves (e.g., a child), any agreed settlement must be formally approved by the court.

In this instance, court settlements involve a brief and informal hearing attended by the family.

The compensation amount for a brain injury claim varies greatly depending on the long-term prognosis and severity. The final compensation decided aims to cover all future care, loss of earnings and necessary lifestyle changes.

Treatment for a brain injury depends on various factors, such as its severity, but often involves a combination of medical care and rehabilitation to support recovery. 

Examples of the type of rehab brain injury patients may receive include surgery, medication, physical and occupational therapy, speech and language therapy, and neuropsychological support.