Brain And Spinal Injury Claims

Anyone who suffers brain and spinal injury as a result of someone else’s negligence or recklessness can make a claim for brain and spinal injury compensation, including:

• Birth injuries (cerebral palsy, delayed delivery)
• Faulty goods accidents (equipment failures)
• Medical negligence (surgical errors, misdiagnosis, hospital falls)
• MoD claims
• Package holiday accidents (balcony falls, diving board accidents)
• Road Traffic Accidents (reckless driving, DUI by other drivers)
• School accidents (playground accidents, sports accidents)
• Sports accidents (contact sports, falls from height, climbing accidents)
• Work accidents (falls from height, falling loads, industrial accidents)

In the case of injuries sustained in an assault, claims can be made under the Criminal Injuries Compensation Scheme.

Brain and spinal injury claims resulting from road traffic accidents (RTAs) can be fast-tracked using the RTA Claims Portal if the claim is between £1,000 and £10,000.

What is Brain and Spinal Injury?

The brain and spine are so closely connected that if a brain injury occurs, spinal injury may also occur.

The spine connects with the brain at the back of the head – and brain and spinal injuries can result in catastrophic and life changing injuries.

People who sustain spinal injuries in accidents – such as a broken spine or severed spine – suffer paralysis because the messages which the brain sends via the spine can no longer reach their destination.

People who sustain brain injury in accidents – or patients who suffer brain injury as a result of oxygen deprivation – may have mobility issues or suffer from paralysis, as well as suffering cognitive impairment and a complex range of medical conditions.

Not all brain and spinal injuries result in cognitive impairment, however – but the trauma of life changing injuries can result in psychological and emotional issues.

Caring for a person with brain and spinal injury can involve addressing a whole range of medical and psychological issues, as well as offering practical help with daily care.

Brain and spinal injuries can require a long rehabilitation period and in some cases, 24/7 care involving a personal care assistant and adaptations to the home – or inpatient care in a specialist spinal care unit.

How long do I have to claim for Brain and Spinal Injuries?

Claims for brain and spinal injury compensation fall under the area of law known as personal injury.

Personal injury claimants usually have three years from the date of the injury to make a claim for brain and spinal injury compensation.

Claims can sometimes be made outside the three-year limitation period, however. Minors with brain and spinal injuries have three years from the age of 18 to make a claim.

Because of the limitation period for personal injury claims, it is important to seek legal advice from Duncan Lewis personal injury solicitors as soon as possible if you or a loved one has sustained brain and spinal injuries.

Family members can call Duncan Lewis for advice on making a claim if a loved one has sustained brain and spinal injuries and is still recovering in hospital.

How much compensation can I claim for Brain and Spinal Injuries?

Compensation for brain and spinal injuries includes:

• General Damages for pain, suffering and loss of amenity
  The exact amount will be assessed according to the extent of injury, estimated recovery time and rehabilitation needed – and whether further medical treatment or even lifelong care is needed.
• Special Damages to cover medical fees and out-of-pocket expenses
  Expenses might include physiotherapy, loss of earnings, travel expenses to hospital or damage to personal items. In more serious cases, ongoing care, loss of future salary and pension or adaptations to your home would be included.

Who pays my brain and spinal injury compensation?

Brain and spinal injury compensation is usually paid by the insurance company of whoever is liable for the accident which caused the injury.

If you had an accident at work and were injured, your employer’s insurance company would pay.

In the case of road traffic accidents, the insurance company of the motorist liable for the accident would pay – including if you were a passenger in a car or a pedestrian.

If you were injured in a holiday accident and booked a package holiday, the tour operator’s insurance company would pay compensation.

Your Duncan Lewis personal injury solicitor will be able to advise you further about your brain and spinal injury claim and who is liable.

Will I have to go to court to claim compensation?

Your Duncan Lewis personal injury solicitor will keep you fully informed at all stages of the case.

Many claims for brain and spinal injury compensation are settled out-of-court – Duncan Lewis personal injury lawyers negotiate hard to get the best settlement for you.

But if a court hearing is necessary, Duncan Lewis instructs leading barristers who specialise in brain and spinal injury claims, to make sure you have the best legal representation possible.

In the case of brain and spinal injury claims for minors, compensation for children under the age of 18 has to be approved in special court hearing known as an Infant Settlement Hearing.

The child and their “Litigation Friend” – the person who acts for the child in the claim, usually a parent or guardian – have to attend the hearing.

Your Duncan Lewis brain and spinal injury solicitor can give you more information about this.

Why Duncan Lewis is the best solicitor for Brain and Spinal Injury Claims

• Duncan Lewis personal injury solicitors understand just how traumatic brain and spinal injuries are for those injured and their families – we believe in putting you and your family first to obtain the best results for you
• Duncan Lewis is one of the leading firms of Personal Injury and Legal Aid solicitors in the UK
• Our initial advice on making a claim for brain and spinal injury compensation is free
• Duncan Lewis accepts brain and spinal injury claims on a no win no fee basis, so you will not have to worry about legal fees
• We will visit you at home if you are recovering from brain and spinal injuries – and can arrange expert medical opinions to help back up your claim
• Duncan Lewis personal injury solicitors will make sure you understand every stage of your brain and spinal injury claim
• We will handle negotiations for you, so you do not have to worry while you are recovering from your injuries.

Duncan Lewis personal injury solicitors have a successful track record in brain and spinal injury claims.

Contact Duncan Lewis for free advice on making a brain and spinal injury compensation claim by calling 020 7923 4020.