Head injury compensation advice
Published Mon, Jan 21, 2013 Updated Tue, Feb 16, 2021
If you or someone you know has recently suffered from a head injury, you know that the experience can be one of the scariest periods of a person’s life. Head injuries, especially if they are severe in nature, can affect your ability to learn and communicate, as well as to carry out every day routine functions. Read this article to learn how to claim the compensation you deserve for the medical expenses incurred and loss of quality of life endured due to your head injury.
1. Act in a timely manner
If you are considering filing a head injury claim, it’s important to act in a timely manner. In most circumstances, victims only have three years from the time of their accident or injury in order to make a claim, although there is an exception when it comes to children under the age of 18. In this case, a parent or a legal guardian may make a personal injury claim on the child’s behalf up until they become an adult. If you think you have a case, seek help immediately so that you do not waste precious time in getting your award.
2. Seek professional advice and representation
Personal injury claims are often nuanced in nature, as they depend on supporting medical evidence and, in some cases, proof of a doctor’s negligence in order to build and win a case. For this reason, choosing an experienced legal expert to represent your case is a crucial part of the claim process. When you meet with potential solicitors, ask them to tell you about previous cases they’ve represented and how much compensation they were able to win for those claimants, as well as the strategies they employed to help build successful cases. You should also look for a solicitor that offers a “No Win No Fee” agreement so that you do not have to incur additional legal expenses while your case is being settled.
3. Collect strong evidence to help build your base
While the evidence portion of your case will fall heavily on your solicitor’s shoulders, there are some things you may be able to do to help build your head injury case. Recreate the scene of the road traffic or work accident that caused your brain injury, or give a detailed account of an operation that did not go according to plan as a result of clinical negligence. If you have photos of the accident or your injuries, they may prove critical in helping to build your case as well. You should also keep track of any medical expenses or specialty care services you’ve incurred as well as lost earnings.
4. Know what kind of compensation you’re entitled to
Like other personal injury claims, head injury compensation is generally separated into two types of awards — one for general damages and one for special damages. General damages refer to the loss of quality of life you’ve suffered as the result of your head injury, such as poor concentration/memory or loss of motor functions or speech. Special damages refer to those aforementioned expenses you’ve incurred as the result of the injury. Remember that your award should take into account future expenses and loss of quality of life as well. Because head injury claims can take many months to settle, you ask your solicitor about the possibility of receiving interim payments to help cover your basic medical and living costs while your case is being resolved.