Brain Injury Claims

You may be able to make a brain injury claim if you or a loved one suffered avoidable harm because medical treatment fell below an acceptable standard of care. This could involve a delayed diagnosis, surgical error, failure to treat an infection, lack of oxygen, inappropriate medication or failures during emergency care.

Brain injuries may result from delayed diagnosis or treatment of a stroke, meningitis, sepsis, blood clot, brain haemorrhage or tumour. Claims may also arise following surgical mistakes, anaesthetic errors, birth-related oxygen deprivation, failures in emergency treatment or other negligent medical care.

In some circumstances, a claim can be brought on behalf of a child or an adult who does not have the mental capacity to manage their own legal affairs. A suitable person may act as a litigation friend and make decisions in the injured person’s best interests.

Compensation may reflect the pain, suffering and loss of amenity caused by the injury. It can also include the cost of rehabilitation, medical treatment, professional care, therapies, specialist equipment, adapted accommodation, travel expenses, loss of earnings and future care needs.

In many cases, a claim must be started within three years of the negligent treatment or the date on which you first became aware that negligence may have caused the injury. Different rules can apply to children and people who lack mental capacity, so it is important to obtain specialist legal advice as soon as possible.

Your solicitor will usually obtain medical records, review the circumstances of the treatment and instruct independent medical experts. Expert evidence may be required to establish whether the care was negligent, whether that negligence caused the brain injury and how the injury is likely to affect the person in the future.

A successful claim can provide funding for specialist rehabilitation, therapy, care, equipment and accommodation. Where responsibility has been admitted, it may also be possible to seek interim payments before the claim concludes, helping the injured person access support at an earlier stage.

Many brain injury and clinical negligence claims are resolved through negotiation without a full court hearing. Court proceedings may still need to be issued to protect the claim or resolve disputed issues. If this is necessary, your solicitor will explain the process and support you throughout.

No Win No Fee funding, also known as a Conditional Fee Agreement, may be available for suitable brain injury claims. Wollens can assess your circumstances and explain the available funding options, potential costs and any applicable deductions before you decide whether to proceed.