Brain Injury Claims

With more and more people living month-to-month, suffering a brain injury can cause great financial uncertainty, particularly if this necessitates a period of absence from work.

If you have no entitlement to sick pay then this can often mean that families lose their only household income and with bills to pay, this adds additional stress at a time when you will already be under tremendous pressure.

In such circumstances a request for an interim payment should be submitted to the defendant insurer without delay. Such payments are an advance payment against the final settlement awarded at the conclusion of your case.

The court may make an award for an interim payment where the defendant has admitted liability to pay damages to the you and the court is satisfied that you would receive a substantial amount of money from the defendant. Robert James solicitors have significant experience of securing substantial interim payments for clients to fund their immediate financial needs and to cover the cost of case management, support and treatment.

Robert James solicitors also have links with benefits advisers who are able to offer advice regarding available benefits and support for those who are victims of brain injury.

Effects of a brain injury can be wide ranging, affecting not only the individual, but their family and friends. If you have suffered from a brain injury, you may have noticed that you are suffering from one or many of the following symptoms:

1. Headaches;
2. Pressure in the head;
3. Dizziness;
4. Blurred Vision;
5. Nausea and/or vomiting;
6. Increased sensitivity to light;
7. Increased sensitivity to sound;
8. Fatigue;
9. Feelings of helplessness;
10. Difficulty expressing yourself.

These are just some examples of the effects of a brain injury, although it should be noted that each person may experience some, or all symptoms. The effect of these symptoms can render a person unable to function in the way that they did before the accident. Families are often the first to notice, however, these symptoms can often prevent people from undertaking activities that we all take for granted, such as caring for loved ones, or going to work.

It is crucial that action is taken quickly to instruct a case manager to conduct an immediate needs assessment. During this assessment process, the case manager will consider your injuries and make recommendations for treatment, aids, adaptations and strategies to help return to your pre-accident condition. Where this is not possible, the case manager will aim to limit the effect of your symptoms by putting into place treatment and strategies to help you maximise your potential and to overcome any residual difficulties.

The treatment recommendations are normally funded through the release of interim payments. If the defendant is unwilling to release an interim payment, it can be necessary to issue court proceedings to apply for a court order forcing the defendant to release an interim payment to fund the injured persons immediate needs and treatment costs.

At Robert James Solicitors, our specialist solicitors have extensive experience of securing substantial interim payments to fund case management for sums exceeding £350,000.00. If you or your loved ones have been injured in an accident and require advice regarding case management, please call one of our team on 0151 559 0120.

Rehabilitation or rehab is the term used to describe treatment and support provided following a brain injury. Rehab will be provided during the claim and is intended to supplement the treatment provided by the NHS. The benefit of privately funded treatment is that it can fill the gaps in treatment offered by the NHS and where there are delays in receiving appointments, private treatment can be offered in its place.

A case manager is appointed to complete an immediate needs assessment, which would determine the extent of your injuries and the level of treatment and support that would be required.

Depending upon the extent of your injuries, the case manager may recommend the appointment of a multidisciplinary team of experts to oversee and implement the treatment that you need to help get you back on your feet. The team would commonly include a neuropsychologist, occupational therapist, speech and language therapist and neuro-physiotherapist, although there is no limit to the number of professionals who may become part of your team.

Generally it is expected that recovery will be slow, taking between six months and two years before recovery is complete. The improvements typically slow down after two years but may still occur many years after injury. It is therefore crucial that you secure the appropriate rehab at the earliest opportunity to ensure that your prospects of recovery are maximised.