Back to Medical Negligence

Brain Injury Claims

We understand that brain injuries can have catastrophic consequences for any patient and their family. We have extensive experience in helping people with these complex medical negligence claims.

At Jackson Lees, we always do our best to make the legal process as quick and stress-free as possible. We know that clients and their families face difficult emotional and practical issues ahead; we can help you to establish the facts and find out who and what is responsible.

We leave no stone unturned when analysing your case and assessing the facts to establish whether Medical Negligence was the cause of the brain injury.

Brain injuries occur for a variety of reasons, including Medical Negligence and surgical errors. The sort of cases we have successfully fought for our clients include brain injuries caused by:

  • Lack of Oxygen:
    • Causing brain Injury at Birth (typically down to a delay in delivery)
    • Resulting from asthma attack (due to a lack of treatment)
    • Arising from unsuccessful extubation (when someone is relying on a tracheostomy to breathe)
  • Stroke (with a lack of timely treatment)
  • Negligent performance of surgery (such as heart transplant)
  • Undiagnosed Brain Tumour

Case Study

Our medical negligence solicitors have acted on behalf of many clients who have experienced brain injuries, so we understand the devastation this can cause to you and your loved ones.

As an example, we represented a client who suffered from asthma. On one particular occasion, she visited her GP complaining of shortness of breath and wheezing. She was not provided with nebuliser treatment and the GP did not arrange for her admission to hospital. Given the recorded severity of her symptoms, we argued that hospitalisation should have been the case. Our client subsequently collapsed and suffered a respiratory arrest, which in turn caused a lack of oxygen to the brain and brain damage.

Our client was left with ongoing physical and neuropsychological problems. Her brain injury meant that she was largely confined to a wheelchair, suffered urinary incontinence, visual problems and concentration difficulties, amongst other issues.

She required specialist accommodation, additional care and medical treatment, as well as aids and equipment. We argued, with supportive independent expert evidence, that these issues would not have occurred but for the negligence of her GP.

The claim was initially contested but, with the robust evidence we presented to prove the case, the defendant agreed to settle. Our client received compensation for the losses she incurred and the injury she suffered. The final sum was calculated to ensure that our client had appropriate accommodation, care, equipment and therapies for the rest of her life.

Cases such as these are complex, with the defendant heavily contesting whether the medical professional had indeed been negligent. There is also a challenge around defining the appropriate value of compensation required.

We are well-versed in addressing the issues that arise in medical negligence cases. Our clinical negligence solicitors are on your side, acting with compassion and sensitivity during a difficult time.

Related Information

Here are a few links that you might find useful:

Our People

We are independently accredited by leading legal organisations such as Action Against Medical Accidents (AvMA) and the Law Society. Our experienced medical negligence solicitors can assist with a wide range of cases including those where a Brain Injury was caused during birth.

We appreciate that you will probably have many questions about your case. Please give us a call for initial advice on the best way to proceed with a claim.

Our aim is to help you do the right thing, the right way by approaching your case in a meticulous and sensitive manner.

Contact our team on 0151 282 1700 or fill in our online enquiry form to find out how we can help you.

 

FAQs

How much will it cost to fund a brain injury claim?

Most of our cases are funded by a ‘no win, no fee’ agreement, officially known as a ‘Conditional Fee Agreement’. This means exactly what it says: we only get paid if your case succeeds. If your case fails, there is nothing for you to pay.*

We take a chance with every case we accept.Clinical Negligence cases are very difficult to prove; and if the case does not succeed,we don’t get paid for the work we do. For this reason, we charge a Success Fee which is deducted from your damages. For your peace of mind, the Success Fee is capped at 25% of your past losses and compensation for the injury itself.  If you decide to take out insurance cover for legal expenses, such as expert fees and court fees, there would also be a premium to pay. This is because, like us, the insurer does not receive any payment (premium) if the case is unsuccessful.  

Legal Aid is also available for certain cases. We will explore this option with you if applicable.                             

*In an unsuccessful case, there is nothing to pay provided you take out insurance to cover expenses, such as medical experts.

Will I receive interim payments?

If your claim is ongoing and you need to pay for rehabilitation in the meantime, there is an option to arrange early compensation payments. Interim payments are typically used to ensure that you can access the care and therapies you need (including accommodation) before your claim resolves.

Be mindful that interim payments are deducted from the final award of damages.

What Are The Time Limits For Making A Brain Injury Claim?

The time limit for personal injury claims is three years from the index event or, if later, your knowledge of the following:

  • That you suffered an injury; and
  • That the  injury could have been caused by an act or omission of another; and
  • The identity of the defendant.

If the injured person does not have the mental capacity to bring a claim, then the time limit won’t apply. In some cases this is obvious, but in other cases it is more complicated. If your claim is out of time, you won’t be able to pursue it. However, lodging a Claim Form at the court can protect your case from the time limit.

The rules on limitation are not straightforward, and there are a lot of considerations when deciding to start court proceedings. Therefore, it is essential to seek legal advice as soon as you are concerned that you might have a claim.

Will I need support after a brain injury?

Brain injuries are among the most serious cases we act upon, as the damage caused can often have a severe, life-altering impact on the victim. In cases like these, it’s important to have the support of an expert on your side. Compensation calculations will take into account costs of ongoing care and support, to help put your life back together again.

What’s The Process For Making A Brain Injury Claim?

If you are concerned that you or a loved one might have suffered an avoidable injury, please don’t hesitate to get in touch. One of our legal advisors will be on hand with a sympathetic ear.

Our initial assessment is free of charge. First, there will be an assessment of whether your claim is viable. In order to save you time and distress, we consider the information you provide with our in-house healthcare professional and let you know whether we can take your case on.

If you want to pursue your clinical negligence claim, the following steps involve a thorough investigation into whether or not you suffered harm as a result of negligent treatment.  If so, we then look into the consequences, past, present and future. This will enable us to value the case and ensure that you are fully compensated.

How Much Compensation Can I Expect for a Head Injury?

The amount of compensation for brain injuries will depend on the severity of the injury and the effects on your life.

Given the severity and the wide-ranging impact, brain injury claims often attract large compensation payments of several million pounds. We have secured compensation for numerous clients for over the last 20 years.   

Can I claim against the NHS?

Unfortunately medical negligence claims often come at the hands of the NHS. It is often advisable to use the NHS Complaints Procedure before or at the same time as investigating a claim. This procedure requires you to complain within twelve months of the event or twelve months from the time the event came to your attention.  Occasionally the NHS body may be able to deal with a complaint outside of this timescale but may decide not to.