"As we specialise in obtaining compensation
for head injury claims we are experts
in the legal process"
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.
To contact a member of the Head Injury team please call us on: 0800 073 0988 or Email: info@headinjuryuk.com
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
Natasha Flockhart was thrown through the doors of a moving minibus, suffering severe head injuries and brain injury.
Louise and Geraint Jones who both suffered severe brain injuries impacting their long and short term memories, describe their new son as a ‘living time-keeper’.
Every day, 6,000 people start caring, a role which often has a significant impact on their lives. It takes time, may leave you isolated and can be costly.
A girl left with brain damage by Newcastle’s Royal Victoria Infirmary 9 years ago has now, at the age of 12, won Court approval for the NHS to pay 80% of her claim.
Oxygen therapies for patients with severe traumatic brain injury, also known as TBI, are more effective than just standard recommended intensive neurosurgical care, according to a new American study.
