Our specialist UK personal injury lawyers obtain compensation through negotiation or by starting a claim and the court deciding how much compensation should be paid. Most brain injury compensation claims are settled out of court.
In this article, our brain injury lawyers explain how they secure brain injury compensation payouts.
How do you get a compensation payout for a brain injury?
To get compensation for a brain injury you need to be able to prove three things:
- Brain injury – you sustained an injury
- Fault – your injury was caused by the fault or negligence of someone else
A brain injury compensation claim can be made on behalf of others. For example, if you are the parent of a child who sustained a brain injury at birth or the spouse of a person seriously injured in a coma after sustaining a traumatic brain injury.
No two brain injury claims are ever the same and that affects how much you may be entitled to claim. Each claim will be based on its individual facts.
The job of your personal injury lawyer is to look at all the arguments put forward by a defendant and their insurer, carefully assess them and gather the evidence you need to seek the compensation you deserve.
How does the type of brain injury affect the compensation payout?
Your compensation payout is not affected by how your injury was caused, but by the extent to which your injury has caused you pain and suffering and will continue to do so, or will continue to affect your ability to care for yourself and to work.
The amount of your compensation depends on the type of brain injury you sustained and the impact on you on a short- and long-term basis, our personal injury lawyers ensure that we instruct experts to provide detailed reports, to help you get the compensation you deserve. These reports are paid for through your no win, no fee compensation claim funding.
Calculating compensation for a brain injury
Even if you believe that your injury was in some way your fault, please contact us as it may not be that straightforward, you should consult one of our lawyers. Speak to one of our lawyers who will give you guidance as to the likely level of compensation you will receive.
You need a lawyer on your side with skill and experience to look at your situation and to calculate how much compensation to argue for when negotiating with the defendant and their insurer or when asking a judge to award you compensation.
If you set the compensation figure too high, then you are unlikely to settle out of court and you will have to wait for a hearing date. Set it too low and the compensation will not cover your pain and suffering or meet your future needs.
Compensation for any type of brain injury should cover:
- Pain and suffering
- Money spent and losses sustained
- Future expenses and losses
- Interest on the above
With years of experience in helping clients claim compensation, our lawyers gather the medical and financial information needed to present your compensation case. That involves carefully looking at how best to argue your claim for pain and suffering and then carefully researching and financing the future help you may need. For example, you may have already lost earnings and have a large future loss of earnings claim, as well as needing sufficient compensation to pay for specialist therapies, carers, equipment, a car and home adaptations.
In severe and complex brain injury claims where a defendant admits liability, we will push hard for an interim compensation payment so you can start to piece your life back together with some financial assistance to help pay for your immediate needs, such as access to specialist rehabilitation services to aid your recovery or to stabilise your condition.
Choosing Thompsons for your brain injury compensation claim
Thompsons takes a personal approach to our work. We do this by:
- Only ever acting on behalf of the victim or claimant. We do not represent defendants or employers
- Taking your claim personally – you get a named lawyer to help you with your brain injury compensation payout.
- Taking time to get your compensation payout right– whilst we understand you want and need your compensation as quickly as possible and with the minimum of fuss, we balance that with the importance of getting your payout right. When you are making a brain injury claim you have already been let down by an employer, the NHS, or third party and that’s why you need to have the confidence and trust in your lawyer to get you the compensation payout you need