Frequently asked questions: Head injury

• Can I claim compensation
• I can't remember what happened, so I don't know if I have a claim
• I think the accident was partly my fault
• How do I pay for my claim?
• Is my claim only about compensation?
• How long will my claim take?

Can I claim compensation?

Yes - if you have had an accident within the last three years that was at least in part the fault of another person or organisation and it has caused you injury. You may be looking to obtain legal advice on behalf of someone who had a severe head injury and cannot maker a decision themselves about whether to make a claim, or on behalf of a child.  In those circumstances the time limits for making a claim may be longer.  It is always worth seeking advice to see if a claim is viable.

I can’t remember what happened, so I don’t know if I have a claim

In cases involving head injury it is not unusual for the injured person to remember nothing about the accident – don’t let that put you off seeking advice.  We often do a considerable amount of investigation, interviewing witnesses, undertaking site inspections, obtaining expert reports, to find out what probably happened to cause you a head injury.

I think the accident was partly my fault

If you have had a serious injury it is always worth obtaining legal advice on whether you have a claim for head injuries sustained.  If the accident was partly the fault of someone else you are entitled to compensation which reflects the degree to which they were at fault.  If you have a serious injury that can amount to a very considerable sum of compensation which may go towards making you more financially secure as you come to terms with your injury and its effects.  If you have any doubts about who was at fault ask us – we will give you our initial view for no cost.

How do I pay for my claim?

We will in any event not charge you for our initial meeting with you, and one of the things we will discuss with you at that meeting is funding your claim.  We will help you to explore whether you already have legal expense insurance which will fund the claim.  Otherwise we will advise you on whether we can offer you a ‘no win no fee’ agreement, so that you have the security of knowing that if you lose your case, you will not be charged anything for our time in investigating it for you.

Is my claim only about compensation?

No!  It is about helping you make the best possible recovery and getting you compensation.

Often recovering from a head injury takes a long time, and you may benefit from extra treatment such as speech and language therapy, or neuropsychological treatment or occupational therapy to supplement any NHS treatment you may already be receiving.  Where possible we will get funding for you to have the best possible treatment as soon as we can.  It is in both you and the insurer’s interests that you make the best possible recovery and we try and work with the insurers to make sure treatment is provided to you where we can. 

You may need help at home, or money to replace lost income, and we will apply for interim payments for you to help with these costs where possible, to ease the financial pressures on you before we can finalise you claim.

How long will my claim take?

That depends largely on you and how quickly your condition stabilises.  Generally we would not advise you to settle your claim until you are clear as to the extent to which you will recover.  This is something we will discuss with you and agree with you how you want us to pursue your claim.  Following a serious head injury it can take two or three years before you will know the extent of your recovery.