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To make a successful brain injury compensation claim you will need specialist legal advice from a brain injury solicitor who is experienced in successfully dealing with such claims.
If you have suffered a brain injury, or you are acting on behalf of someone who has suffered a brain injury, it is important you get expert legal advice. It is also important you get this advice from a firm of specialist brain injury solicitors that has experience successfully dealing with such complex claims.
Blackwater Law has a team of lawyers comprising expert personal injury solicitors and medical negligence solicitors. This means that whether the brain injury was caused due to a serious accident or an act of medical negligence, Blackwater Law Solicitors have the necessary experience to give you the advice you need to make an informed decision about claiming compensation.
Blackwater Law solicitors will provide you with the specialist legal advice and support you need to make a successful brain injury claim
Blackwater Law are recognised by the Legal 500, an independent law firm ranking organisation, as a leading firm of solicitors dealing with brain injury compensation claims arising out of medical negligence and serious accidents. The team of lawyers has a national reputation meaning they advise and represent clients across England and Wales.
Blackwater Law deals with the most serious of head injury claims and brain injury claims. These include cases where injuries are caused by a serious accident at work, car accident, motorcycle accident, surgical error, cerebral palsy, birth injury, to name just a few. Often the cases our solicitors deal with involve claim amounts valued in excess of £1million.
In dealing with such valuable and complex cases, Blackwater Law of course provides specialist legal advice and guidance, but this is just the start. Your brain injury solicitor at Blackwater Law, if appropriate, will also provide guidance on and access to private medical care and support to assist you or your loved one in rehabilitation and recovery. This will form part of your brain injury compensation claim.
If when you call Blackwater Law we advise you that you may indeed be able to make a claim for brain injury compensation and you decide you would like Blackwater Law to guide and represent you in making a claim, this will be on a no win, no fee basis. You can ask your lawyer about this when you call, but ultimately this takes away any financial risk. It means that in the event your claim for brain injury compensation is unsuccessful, you will not pay us anything towards any legal fees. There will be nothing for you to pay. If your compensation case is successful, our legal fees will be a percentage of your compensation. This will be discussed with you at the very beginning and you will keep the vast majority of any compensation you are awarded.
You will deal with a single specialist solicitor when you instruct Blackwater Law. However, if your case is particularly complex or litigious, it may be that several senior solicitors work together on your case. In more complex cases your solicitor will also instruct a barrister to provide expert legal counsel and to make arguments to a judge in court (should your case proceed to this point, most cases are settled by the defendant before actually going to court).
Your solicitor will undertake a thorough investigation of your case so as to form grounds for the legal arguments to be made. This will involve identifying witnesses (if appropriate) and will almost certainly involve obtaining expert opinion on your brain injuries from leading medical specialists. This will provide important evidence in support of your claim for brain injury compensation. The circumstances of the event that led to the injury, and the severity, will determine which specialists are instructed by your solicitor.
Blackwater Law has access to a unique network of specialists that the team has called upon on many occasions to provide supporting evidence in cases that have then been successful as a result.
Blackwater Law personal injury solicitors successfully obtained £3.2million compensation for Mr Irving who suffered serious spinal injuries and was left disabled after falling down stairs.
There are many different types of brain injury, ranging from relatively minor concussions to life-changing traumatic brain injuries. Identifying what type of brain injury you have sustained and how it has affected your life will be crucial to the success of your brain injury compensation claim. Your financial settlement will depend, to a large extent, on how much long term pain and/or disability you or your loved-one suffer as a result of the injury.
Concussive Brain Injuries
A concussion often occurs when the brain receives trauma from an impact or a sudden momentum or movement change, such as a fall, road traffic accident or physical assault. As a result of the concussion, the blood vessels in the brain may stretch and cranial nerves may be damaged.
Cerebral contusions are a form of traumatic brain injury that causes a bruise of the brain tissue. Often caused by a direct impact to the head, cerebral contusions, like bruises in other parts of the body, can be associated with multiple microhemorrhages, which are small blood vessel leaks into the surrounding tissue.
Contusions occur in approximately 20–30% of severe brain injuries. This type of injury can sometimes cause a decline in mental function in the long term, and in the short term may result in brain herniation, a life-threatening condition in which parts of the brain are forced past parts of the skull.
Coup-Contrecoup Brain Injuries
Coup-contrecoup brain injuries are contusions that are present at both the impact site and on the complete opposite side of the brain. Coup-contrecoup brain injuries generally occur when the force of the impact is great enough to cause a contusion at the area of impact and also on the opposite side of the head to the impact area.
Due to the force required to cause coup-contrecoup brain injuries, they often occur as a result of automobile accidents or abusive or violent events, such as physical assaults. Coup-contrecoup injuries often cause additional complications such as hematomas (bleeding of the brain), swelling of the brain, and can also cause disruptions to the flow of cerebrospinal fluid (which surrounds and protects the brain).
Diffuse Axonal Injuries
A diffuse axonal injury (DAI) is a type of brain injury in which the trauma occurs over a widespread area of the brain. DAI is one of the most common and devastating types of traumatic brain injury and often results in unconsciousness and persistent vegetative states. DAI occurs in approximately 50% of all traumatic brain injuries and frequently results in the victim entering a comatose state immediately or shortly after the injury occurs. Over 90% of patients who suffer a DAI never regain consciousness. Those who do wake up often remain mentally and physically impaired and require a high level of care for the rest of their lives.
Closed Brain Injuries
Closed brain injuries occur when the head accelerates and then rapidly decelerates or collides with another object (for example, the windshield of a car) and the brain is damaged, not by a penetrating blow to the skull and brain, but by the violent shaking, stretching and twisting of brain tissue within the skull. The nerve endings connecting the skull to the brain are often torn or become completely separated from the brain in cases of traumatic brain injury. Closed brain injuries typically cause diffuse tissue damage that result in mental and physical disabilities, which are highly variable.
Open (Penetrating) Brain Injury
An open brain injury occurs when an object (such as a bullet, knife or piece of shrapnel) fractures the skull, enters the brain and injures the brain tissue in the process. These injuries tend to damage localised areas of the brain and, if the victim manages to survive, often result in catastrophic injuries and severe disabilities.
Anoxic brain injury (also known as cerebral hypoxia or hypoxic-anoxic injuries (HAI)) is a serious, life-threatening injury that can cause serious cognitive disabilities. HAI injuries are caused by a partial or total lack of oxygen to the brain. The greater the loss of oxygen, the more wide-spread and serious the brain injury will be. The common causes of anoxic brain injuries include respiratory arrest, choking, chemical poisoning (accident at work) and complications at birth (birth injury).
Second-Impact Syndrome “Recurrent Traumatic Brain Injury”
Second-impact syndrome (SIS), also known as “recurrent traumatic brain injury”, occurs when the brain swells rapidly after a person suffers a second concussion before the symptoms of an earlier concussion have subsided. This second impact may occur minutes, days or even weeks after an initial concussion, and even the mildest grade of concussion can lead to SIS. Second-impact syndrome can be fatal.
Use the brain injury compensation calculator above to get an estimate of how much your claim may be valued at. However, this is just an estimate. You will need to speak with a specialist brain injury solicitor to determine that you are indeed potentially entitled to make a claim. It is also likely that any brain injury claim involving brain damage will go beyond simply providing compensation for pain and suffering, but also provide for loss of earnings and for future care to be provided. In these instances the amount of compensation received will be greater than that estimated in the calculator.
You made a difficult and frustrating time manageable, it always felt as though you were ‘in my corner’ and supporting me.