"As we specialise in obtaining compensation
for head injury claims we are experts
in the legal process"
Compensation for those who have an acquired brain injury will often include the following:
Compensation for pain, suffering and loss of amenity. This is an amount which is decided by considering similar cases reported at court. This amount compensates you for the effect the injury has and will have on your quality of life.
There are many different types of special damages. These include all the financial losses and expenses which have been incurred as a consequence of the accident. The following are types of special damages:
If we cannot agree an appropriate amount for your claim with the insurance company, court proceedings may have to be issued. A case will be prepared for court to enable a judge to decide on what is the appropriate value.
In most cases, the value of the claim can be agreed with the insurer. When the amount is agreed, either by negotiation with the insurer or by the court, consideration will then be given to whether a lump sum award is appropriate or whether regular payments for life are appropriate to meet any ongoing requirements.
A lump sum award will often take into account the fact that the money for future costs is being received much earlier than the cost will be incurred. An allowance is therefore made to take into account the fact that the money can be invested upon receipt and earn interest.
A lump sum award will generally be assessed by considering the cost of such things as care as at the date of settlement with some allowance made for increased costs in the future in accordance with the retail price index (RPI). Due to the fact that the cost of providing commercial care is increasing over RPI it may follow that a lump sum is awarded is not appropriate, since even with investment income the future costs of care may well exceed the lump sum and interest. This may leave a person requiring long term care in a situation where their compensation would not be enough to meet future care needs. In these cases, it may be better for a regular payment for life. This is known as a periodic payment and generally ensures that the future costs of care will be met and the injured person is not under-compensated.
Some benefits are paid if a person has capital and income below certain limits. These limits may change from time to time. If someone receiving benefits receives a large settlement, it is likely that they will then lose their benefits and be forced to use their compensation to meet general expenses. A personal injury trust may be set up to ensure that a person claiming means tested benefits can continue to receive those benefits and retain their compensation.
At Head Injury UK we strive to obtain the maximum amount of compensation possible.
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.
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.