Road traffic accidents can have devastating consequences, and among the most serious injuries that can occur are brain injuries. Whether caused by a collision between vehicles, or a pedestrian hit by a car, brain injuries can have life-changing effects on the individual and their loved ones. If you or someone you know has sustained a brain injury due to a road traffic accident in the UK, you may be entitled to compensation.

Understanding how to make a claim for a brain injury can help you secure the financial support you need to aid recovery and ensure future care. This blog will guide you through the essential steps in making a brain injury claim after a road traffic accident, including the legal process, what evidence you’ll need, and how compensation is calculated.

What is a Brain Injury?

A brain injury can vary in severity, from a mild concussion to severe traumatic brain injuries (TBI) that result in long-term or permanent physical, emotional, and cognitive impairments. Common types of brain injuries include.

Concussions: Often caused by a blow or jolt to the head, leading to temporary loss of brain function.

Contusions: A bruise on the brain caused by direct impact.

Diffuse Axonal Injury: Caused by the brain rapidly shifting inside the skull, often during a high-speed collision.

Penetrating Brain Injury: Occurs when an object pierces the skull and brain tissue. The symptoms of a brain injury can range from headaches, dizziness, and confusion to more serious outcomes like memory loss, impaired motor skills, and even personality changes.

If you suspect that you or someone else has suffered a brain injury in a road traffic accident, it’s crucial to seek medical attention immediately.

Can You Make a Brain Injury Claim?

If you’ve suffered a brain injury in a road traffic accident that wasn’t your fault, you have the right to pursue a brain injury claim. In the UK, you can claim compensation if: – The accident was caused by someone else’s negligence (e.g., another driver, a faulty vehicle, or unsafe road conditions). – The accident directly caused or contributed to your brain injury. Common examples of negligence include dangerous driving, speeding, driving under the influence of alcohol or drugs, or failing to follow traffic rules. Pedestrians, cyclists, motorcyclists, passengers, and drivers all have the right to seek compensation if injured in a road traffic accident caused by someone else’s actions.

How to Make a Claim for a Brain Injury:

1. Seek Medical Attention

The first and most important step is to seek medical treatment for your brain injury. Even if you feel that your injury is mild, it’s essential to get a professional diagnosis. Some brain injuries have delayed symptoms that can worsen over time. Medical records documenting your injury will be vital evidence in supporting your claim.

2. Report the Accident

Make sure that the road traffic accident has been reported to the police, especially if it involves a serious injury like a brain injury. A police report can serve as key evidence in proving that the accident occurred and in establishing who was at fault. If possible, obtain the names and badge numbers of any officers present at the scene.

 3. Collect Evidence

To support your brain injury claim, it’s important to gather as much evidence as possible. This may include: – Photos of the accident scene: Take pictures of vehicle damage, road conditions, and any visible injuries. – Witness statements: If there were witnesses to the accident, get their contact details so they can provide statements about what happened. – Medical records: These will help demonstrate the extent of your brain injury and any ongoing treatment or rehabilitation you may need. – CCTV footage: If available, CCTV footage from nearby buildings or dashcams can provide valuable evidence about the cause of the accident.

4. Contact a Personal Injury Solicitor

 It’s highly advisable to seek legal advice from a personal injury solicitor with experience in brain injury claims. A solicitor will guide you through the process of making a claim, ensuring that you meet all necessary deadlines and gather the appropriate evidence. They will also handle negotiations with the other party’s insurance company, taking the stress out of the legal process so you can focus on recovery.

 5. Establishing Liability

 In order to successfully claim compensation, it must be proven that another party is at fault for the accident. Your solicitor will help to gather evidence that establishes the other party’s negligence. This may include obtaining police reports, medical records, and statements from witnesses. If liability is disputed, your solicitor may need to involve expert witnesses, such as accident reconstruction specialists, to help determine who was responsible for the accident.

6. Claim Compensation The amount of compensation you can claim depends on several factors, including the severity of your brain injury and its impact on your life. Compensation for brain injury claims is divided into two categories:

• General Damages

Pain and Suffering: This covers the physical and emotional pain caused by the brain injury, including any long-term or permanent disability. – Loss of Enjoyment of Life: Brain injuries can often impair a person’s ability to enjoy hobbies, social activities, or lead a normal life.

• Special Damages

Medical Expenses: You can claim compensation for all medical costs related to your injury, including hospital visits, rehabilitation, and ongoing treatment. – Loss of Earnings: If your brain injury has caused you to miss work or has affected your ability to earn a living in the future, you can claim for lost wages and diminished earning potential. – Care and Assistance: If you require special care, modifications to your home, or assistance from family members due to your brain injury, you may be entitled to compensation for these additional costs.

7. Settlement or Court Case Most brain injury claims are settled out of court through negotiations between your solicitor and the insurance company. However, if a fair settlement cannot be reached, your case may go to court, where a judge will determine the outcome. Your solicitor will represent your interests throughout this process to ensure that you receive the compensation you deserve.

Time Limits for Making a Brain Injury Claim In the UK,

There is generally a three-year time limit to make a brain injury claim following a road traffic accident. This time limit starts from the date of the accident or from when you first became aware that the injury was caused by the accident. For children or individuals who lack mental capacity, this time limit may be extended.

Final Thoughts

Suffering a brain injury in a road traffic accident can have far-reaching consequences, but by making a brain injury claim, you can seek compensation to help cover medical expenses, lost earnings, and ongoing care. Understanding how to make a claim for a brain injury and getting the right legal support will ensure that you receive the compensation you need to rebuild your life. If you or a loved one has experienced a brain injury in a road traffic accident, reach out to a personal injury solicitor today for guidance on starting your claim.