Brain Injury
Claims

Brain injury claims can result from the following:

• Birthing Injury
• Incorrect treatment for an existing or diagnosed condition.
• Negligently performed surgery
• Starvation of oxygen

A common cause is also the delay in diagnosis of:

• A stroke
• Brain cancers
• Haemorrhages
• Infections (such as sepsis) amongst others

In this respect the earlier a diagnosis is made, and treatment implemented, the better prospects of recovery the patient has.

The physical, emotional, and financial effects of a brain injury can be devastating.

Our specialist team will discuss with you the possibility of pursuing a claim for both compensation for pain and suffering endured, together with recoverability of rehabilitation and care costs, the cost of adaptations to the home and any possible loss of earnings claim that may be available to you as well as other types of losses.

Claims of this nature are subject to a three year limitation period. This means that claims have to be commenced within the Courts in three years of rather the date the negligent act occurred or the date you became aware that negligence had occurred.

In cases involving deceased victims this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18th birthday. Brain injuries can also result in an individual losing mental capacity which can also affect this time limit.

Our specialist team will be able to advise further on this – if in doubt, get in touch.

Whilst our team always push cases forward, claims of this nature generally take several years. This is due to various factors but one reason prevalent in brain injury claims is the time it can take for the effects of the injury to be fully assessed and  for the long terms effects, support and treatment required to be appreciated.

It is important that the claim can be fully assessed so that it can be correctly valued ensuring all elements are included. Our teams focus is ensuring the best possible settlement.

Given the length of time it can take to conclude such cases it can be possible and appropriate in some cases to obtain part of the compensation early to pay for on-going care costs in the form of an ‘interim payment’ which can help ease the financial burden.

The value of a claim varies on the facts and circumstances. Brain injury cases can range dramatically in severity and effect and so range widely in value.

Our team will gather all the evidence and expert assessment required to allow them to value the claim and will advise you on this every step of the way.

We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical and medical negligence.

Oakwood Solicitors Ltd wishes to ensure that clients are not overwhelmed by legal jargon or medical terms that they don’t understand and aims to allow the claims procedure to be as transparent as possible.

For some examples of successful cases and claim amounts awarded, read the case studies featured here.