Many people each year fail to claim the compensation they deserve, simply because they do not know that they have a claim.
Life after a brain injury can be challenging for both you and your whole family and, often, pursuing a claim may be the last thing on your mind. However, it is important to appreciate that claiming compensation isn’t just about receiving a lump sum at the end of your case. A claim can help with funding for early treatment, rehabilitation, care, aids and adaptions and many other things in order to help you to achieve your best outcome and lead a fulfilled life.
Will I be able to claim compensation?
Yes, if you can prove that the accident which caused your brain injury was someone else’s fault. Even if the injury was partly your fault, this will not prevent you from making a claim. However, this could mean that the amount of compensation you recover is reduced.
In any claim for compensation, there are three main elements which must be proven: -
- The person at fault owed a duty of care to you;
- The duty of care was breached; and
- The injury was caused, at least partly by another person.
There are many circumstances in which a brain injury claim can arise, including: -
What can I claim for?
Broadly speaking, you can claim for the following: -
- Pain, suffering and loss of amenity, e.g. the injury itself and associated symptoms.
- Financial losses incurred before the settlement of your claim, e.g. loss of earnings, medical expenses, care, support, case management, costs associated in helping you manage your day to day life and/or finances and many other out of pocket expenses you incur.
- Future losses and expenses, e.g. loss of earnings, medical expenses, care, support, case management, costs associated in helping you manage your day to day life and/or finances, accommodation needs, and any other future expenses you are likely to incur.
When can I make a claim?
If you believe that you have a brain injury claim, then it is crucial you contact an experienced solicitor with expertise in brain injury claims at the earliest opportunity.
There is a strict time limit when pursuing any claim for compensation. Generally speaking, you have 3 years from the date of the accident to bring a claim. However, this period may be extended where the injured person lacks capacity or is under the age of 18 years old.
If you have sustained a brain injury during a criminal assault, there is a two-year time limit when claiming against the Criminal Injuries Compensation Authority (CICA).
Can I claim on behalf of a family member?
In short, yes, you can.
In some instances, a family member may be unable to make a brain injury claim themselves as they lack capacity or are under the age of 18 years old.
In such cases, the injured party can appoint another person to manage their legal affairs. Usually, this is a close family member. This person is known as a “Litigation Friend”.