The Claims Process

Assessing your claim

We will firstly discuss the circumstances of the accident. This will involve an initial assessment as to whether someone else caused the accident.

Time Limits

Claims can generally be pursued within 3 years of the date of the accident. In the case of children, the 3 year time limit runs from the 18th birthday. It is however imperative that you seek early legal advice on pursuing any claim to ensure that evidence is obtained as soon as possible.

Assessment of the merits of the claim

We will have to prove that someone else was at fault for the accident. A claim may be presented following any one of the following types of accident

  • Road traffic accident/pedestrian accidents/motorcycle accidents
  • Medical accidents
  • Works accident
  • Slips or trips
  • Assaults

It will usually be necessary to obtain the following evidence as soon as possible:

  • Police report
  • Witness statements
  • Medical records
  • Statements from the family

Contacting the insurer

After we have met with you we will then send a letter of claim to the insurance company who insure the person who caused the accident. The insurer will then commence their investigations and form a decision on either accepting or rejecting liability.

If your injuries were caused following a road traffic accident and the person who caused the accident was not insured, the claim can still be pursued. The Motor Insurers’ Bureau (MIB) pays compensation to those involved in accidents with uninsured and untraced drivers (hit and run).

Convincing the insurer to fund rehabilitation

Once the insurance company are identified, they will be asked to pay for a case manager to be instructed under the Rehabilitation Code of Best Practice to prepare an assessment of the immediate needs. A case manager will be able to meet with you and assess those needs and prepare a report. This might include identifying care needs, adaptations for the home, specialist equipment and treatment. The insurer will be asked to then fund the cost of the recommendations.

It is often in the insurers interest to assist in maximising a full recovery or minimising the overall effects of an injury as soon as possible.

Obtaining the evidence

Statements will be obtained to establish the effect of the accident on someone with an acquired brain injury. Statements will deal with:

  • What was a person like before the accident
  • What were they like after the accident
  • What are they like now
  • Care regime required
  • Future care requirements
  • Physical and cognitive impairments
  • The impact on the family
  • The accommodation and whether it is suitable
  • Impact on lifestyle
  • Past employment and future prospects.

At Head Injury UK we have assisted many thousands of people with bringing claims for compensation. As specialist solicitors we have a thorough understanding of the legal process. You can be assured your claim will be dealt with by experts so you can concentrate on recovering from your injuries.

Head Injury UK: Free Initial Consultation

If you or a loved one has suffered a brain injury it is vital you receive specialist legal advice.

Contact us for your free initial consultation.

What our clients say

We know that we have been extremely fortunate to have had such a consummate PI lawyer in Andy acting on our behalf but we have also been blessed by having had his support, trust, friendship and loyalty throughout. We cannot ever thank him enough.

The compensation Nicola has received has helped her move from a tiny council flat into a massive bungalow which has been specifically adapted. It has enabled her to have a better life.

If it was not for the help of my solicitor I don't know where I would have been today. He provided a great deal of emotional support and secured compensation at various stages from the insurance company to fund my treatment and allow me to live. He was there from start to finish.

Higgs & Sons acted for us for 5 years until our daughters claim for personal injuries was finally settled. Ian remains a trustee of our daughters trust fund and we now look upon him as a friend.

Latest News

Anger is a common problem for people after suffering a brain injury.  Making their behaviour unpredictable and aggressive, Headway has prepared some tips to help loved ones deal with such anger.

Brain injuries cannot be diagnosed at an accident scene.  This because at the moment, medics need scanning to see inside the skull to detect brain injury or bleeding.  So a simple blood test could avoid unnecessary scans whilst saving the lives of people whose ‘knock’ to the head is not thought bad enough to need a brain scan and later die of an undetected brain injury.

A particular problem for people who suffer a brain injury, as well as their family and friends, is not being able to identify the cause of some symptoms.  Are they due to the brain injury?  Are due to a mental health condition?  Or are they caused by a combination of the brain injury and a mental health condition? 

Lives could be saved by ultrasound scanning for life-threatening bleeding in the brain and software developed by the University of Aberdeen which creates 3-D models of the brain from basic ultrasound images. 

Testing for concussion is becoming more scientific with ‘goggles’ now able to test for concussion in under a minute using eye-tracking technology.