Head & Brain Injury Claims Solicitors

Nicola's Story

There are many types of brain injury and all are still poorly understood. Frequently, there are no external scars or signs to show that someone has suffered a severe brain injury. That's why it is often referred to as the 'hidden disability'.

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The impact of brain injury, not just on the individual, but the entire family is often underestimated. Our expert brain injury solicitors understand the importance of financial support, early treatment and rehabilitation as well as guidance and practical help so people can regroup and rebuild their lives after brain injury.

You need to be certain that whoever provides legal advice is not only knowledgeable about the medical and legal implications of your injury, but also appreciates what you and your family are going through. It’s important that your brain injury solicitors understand the injury's impact on the entire family so they can give the right guidance, advice and support to help you through what can be a difficult time.

At Access Legal, our team of expert brain injury solicitors have a great understanding and experience of traumatic brain injuries, acquired brain injuries, closed head injuries, open head injuries and subtle brain injuries and can help with all the legal aspects of making a brain injury claim.

We can secure the right medical treatment and the best rehabilitation providers for your injury. The range and depth of expertise across the firm also means Access Legal can advise on related issues such as Personal Injury Trusts to minimise the financial impact of the brain injury and protect any award while maintaining your entitlement to state benefits.

We'll explain the legal process in language that makes sense to you and will be there to help for as long as you need us. We have maintained many lasting relationships with our clients and their families well after a claim has concluded.

I want to know

Brain Injury Government Help & Benefits

The process of applying for benefits is complex and often confusing. You should get advice about what you may be entitled to and how to apply from your solicitor or your own GP. Charities like Headway can also help you identify the benefits you can claim.

In order to find out exactly what you are entitled to it's best to start at your local Jobcentre Plus. Other useful sources of information include the Citizens Advice Bureau. Some local councils may also offer a welfare rights advisory service.

In general, government support for people with a brain injury is either means-tested, based on your current income and savings, or non means-tested based on the National Insurance (NI) contributions you have made or an assessment of your disability.

Means-tested benefits include income-related employment and support allowance, universal credit, housing benefit and help with council tax. Non means-tested benefits encompass contributory employment and support allowance, and statutory sick pay (if you were employed immediately before your brain injury).

Benefits based on assessment of your disability can include disability living allowance/personal independence payment and attendance allowance (which are non means-tested) and industrial injuries disablement benefit (which is means-tested). If you need a carer to look after you, you may be able to claim additional support.

How do I make a brain injury claim

Finding a specialist solicitor to deal with your claim is vital. Your legal team needs an in depth knowledge of the law and an understanding of the medical issues surrounding your injury. It is also useful if that firm can provide a range of associated legal services such as setting up personal injury trusts, preparing wills and powers of attorney or dealing with the Court of Protection if someone has suffered a very severe brain injury and needs assistance with managing their affairs.

Once you have found lawyers experienced in handling different types of brain injury claims, their first step should be to listen to your story and then gather the evidence required to prove your case. That's why we have established excellent relationships with the right medical experts who can accurately assess your injury and what ongoing therapy or care will be required.

Early provision of the appropriate therapy is essential, so we don't spare any effort to deliver the medical support you need as soon as possible while seeking speedy interim pay-out awards to fund whatever other treatment you require.

Sometimes it might be best if we negotiate a settlement rather than go to court but we will always discuss all the options available to you in clear language so you are happy with whatever we plan to do. Don’t’ worry if you find it difficult to come to our offices. We’ll be happy to come to you either at home or at hospital.

If I have a brain injury case

Brain Injuries can be caused in many different ways: an accident at work, a road traffic accident or a slip or fall in a public place. A head injury claim can also result from a criminal assault and brain injuries can also be a consequence of medical or clinical negligence.

Like any personal injury claim, you will have a case if it can be proved that you suffered because of the fault of another party. A subsequent award would take into account not only your immediate pain and suffering, but also any costs for rehabilitation, disability aids or specialist equipment, transport costs, the need to have your home modified, the cost of your past and future care, and any future lost earnings if you were unable to work.

It is very important therefore that your legal team understands the law and the full impact of any brain injury. We have a strong team of solicitors working out of 10 offices throughout the UK. Many have established links with charities such as Headway which supports brain injury victims and their families.

The emotional and financial strain of a brain injury on the entire family can be overwhelming. Getting involved in a legal battle may seem daunting, but we can help you judge the merits of taking such action. We can secure the medical, financial and practical assistance that you will need. More importantly, we’ll give you the information, guidance and support needed to allow you and your family to look forward and get on with your lives.

More about brain injury claims

Brain injury can be life-altering. How the brain injury will affect a person very much depends on the area of the brain that has been damaged. Often, a brain injury victim is unaware of just how severely they have been affected. They can have a tendency to overestimate their abilities or underestimate the problems they face which are evident to family and friends.

While many people know that different types of brain injury can cause physical problems such as headaches, dizziness, impaired memory and problems with balance and walking, what's often unseen, except by those family members and friends, are the personality changes that come when the brain has been injured.

Some Injuries to the brain display different visible signs which indicate underlying damage to brain function. An injury to the parietal lobes for example often results in weakness in the limbs on the opposite side of the body. An injury to the left side of the brain or the brain stem tends to cause speech and language impairment.

However, traumatic brain injury can also cause numerous 'hidden impairments' that may not be immediately obvious and usually lead to changes in personality, thinking and memory. That's why it is important to use specialist brain injury lawyers who understand all the potential long term issues and challenges that can emerge.

Expertise and knowledge is required in this highly specialist area of personal injury law but equally important is a commitment to treat each person as a unique individual in unique family circumstances.

Brain Injury Case Study

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Brain Injury Case Study

Brain injury claim for youngster hit by a car

We acted for a five-year-old boy who suffered a serious brain injury in a collision with a car. The family lived opposite a park and the toddler’s older brother and sister had gone outside to play.

His mum had turned her back for only a moment, but it was long enough for him to get out of the house and follow his siblings outside. As he ran across the road to join them he was struck by a car.

The boy was diagnosed with a diffuse axonal injury where damage occurs over a widespread area of the brain. This left him with severe learning difficulties and behavioural problems. Liability was denied by the driver's insurer so we used the rehabilitation code to put in place a care and support regime for the injured boy, funded by the insurer.

Liability was then dealt with at a liability only hearing. In view of the severity of his injuries it became clear he would never be able to live independently and would always require the support of others. The Court of Protection therefore had to be involved because he would always need help to manage his financial affairs.

Whilst his mother naturally wanted to care for him as much as possible, professional support workers, funded by interim payments, were also gradually introduced. The settlement provided flexibility for future care and a lump sum to house all the family in a larger property as well as maximising the benefit for the injured boy and his family.

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Brain Injury Claims Case Study

Brain Injury Case Study

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Brain Injury Case Study

Access Legal helped recover substantial pay-out in a brain injury claim for Nicola Cooper who suffered serious brain injury following a minor car accident.

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Our Experts

"Access Legal got me the rehab I needed and really helped with my family. They were fantastic throughout."

Nicola Cooper, who suffered a serious brain injury after a seemingly trivial car accident.


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Brain Injury Claims

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