Making a Brain Injury Compensation Claim: How to Obtain Adequate Funding For Rehabilitation and Loss of Earnings

Living with a brain injury

Brain injury, unlike physical injury, is not always easy to see and thus the full impact of such an injury is not necessarily appreciated by others. In serious cases, the victim may not make a full recovery, but be left with permanent deficits, affecting their entire life:

• they may not be able to return to work
• they may not be able to make decisions for themselves
• they are likely to require long-term additional treatment and rehabilitation
• their accommodation may need adaptation or they may have to find new accommodation altogether
• family members may have to take on the role of carer and lose income as a result

Brain Injury Recovery and Rehabilitation

How do I fund rehabilitation needs?

If you have been injured as a result of another party’s negligence, you may be able to claim for the costs you will incur on the road to recovery.Under the Rehabilitation Code 2007, the immediate quality of life for the claimant is one of the first and foremost issues to be addressed by lawyer and insurer jointly. If it is required, both parties will agree to instruct a rehabilitation company or medical expert to comment on the rehabilitative needs of the injured party. This is paid for by the insurer. Following the assessment, recommendations will be made. If the parties agree them, the recommendations will be implemented to assist the injured party’s recovery.

Making a compensation claim for a head or brain injury

Will I have to go to Court?

The vast majority of claims never go to Court. If your opponent admits responsibility at an early stage, it is highly unlikely that you will have to go to Court.

How long will it take?

The length of your claim will depend on a number of factors, particularly the speed of recovery. It is important to establish what the long term future holds, before seeking to settle a claim.

How do I fund my immediate costs?

Suffering a personal injury and being unable to work as a result can cause serious financial difficulties. Making a claim can take some time, so it is sometimes possible to receive an ‘interim payment’. This is a partial payment to cover the costs of medical treatment or care, loss of earnings, transport, or equipment required to adapt a home in the case of very serious injury.

This payment would be deducted from the total final award. Interim payments are possible in cases where there is a good chance of success, for example if the defendant has admitted responsibility or a court accepts that the claimant has a strong case.

How can I fund the claim?

Many people worry that making a claim can be an expensive process. However, many personal injury claims will be eligible for Conditional Fee Agreements. CFAs are commonly known as “no-win- no-fee.”

The support of experienced brain injury solicitors

When the world as you know it changes in an instant following serious brain injury of a loved one, it can be difficult to know where to turn. You are trying to rebuild your life at the same time as coping with a highly emotional situation. Specialist brain injury lawyers at IBB Solicitors are highly experienced in helping people to achieve the best possible outcomes following serious brain injury. We can visit you at home or hospital to explain your options and map out the steps to take. We will be able to help with advice on:

• Employment rights and absence from work
• Benefits entitlement
• Becoming a ‘deputy’ for someone who can’t make decisions for themselves
• Rehabilitation
• Funding long-term care
• Trusts (including personal injury trusts)
• Moving or making adaptations to your home

Your own dedicated IBB brain injury case manager will be with you every step of the way, helping you towards a brighter future.

Helping you rebuild your life

IBB has built a reputation for quality of service in pursuing justice in cases involving accident, illness or death.

Our lawyers are members of the Association of Personal Injury Lawyers (APIL), and Headway, the brain injury association. Our ultimate aim is to obtain justice for victims of the negligence of others by securing an award reflective of their pain and suffering in addition to related financial losses, which means you can start rebuilding your life, secure in the knowledge that the costs of ongoing care, rehabilitation and domestic adaptations can be met.

Call our brain injury solicitors and experts in confidence on 01895 207835. Alternatively, email us at PI@ibblaw.co.uk.