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For over 20 years our brain injury solicitors have helped individuals and families affected by head injury and traumatic brain injury recover compensation and rebuild their lives.
We have supported families as they struggle to come to terms with the immediate aftermath of an accident.
From the moment you instruct us to handle your brain injury claim, you can be reassured that we are using our experience and expertise to make a difference when and where it matters most. This means focussing first and foremost on recovery, meeting your most urgent needs, including the financial hardship which often follows a devastating injury.
Call our specialist legal teams Monday - Friday, 9:00 - 17.30 for free, no obligation advice.
Complete our simple form to start your claim and get a call back back from our expert legal team.
Following a road traffic accident where Jessica suffered a traumatic brain injury and stroke she required extensive rehabilitation and care.
Where our client’s brain injury arose from an accident that was somebody else’s fault, our serious injury specialists can help our client claim compensation for their injury and its financial consequences from that person or organisation. In most cases, the compensation will be paid by the defendant’s insurer.
Our brain injury solicitors have helped clients who suffered injuries:
Brain and head injury claims against the NHS or private healthcare arising from medical negligence are handled by our nationally acclaimed cerebral palsy & birth injury and clinical negligence teams. You can contact our medical negligence brain injury team here.
Leading brain injury charity, Headway, estimate that around 1 million people visit A&E with a head injury in the UK each year. Most of these will make a full recovery with no lasting effects, but some will suffer lifelong disability from the injury to their head. This is known as a traumatic brain injury (TBI).
Where the head or brain injury was caused by someone else’s fault, brain injury compensation is valued on the disability and lasting effects of the injured person’s severe traumatic or acquired brain injury.
These may include:
Most of our brain-injured clients experience a combination of these problems, as well as any other injuries from their accident (such as major trauma, facial fractures or pain). These injuries, even if ‘hidden’, affect their mobility and dexterity, and their ability to work, participate in their former hobbies or activities, look after themselves or live safely and independently.
The easiest way to get started is to talk to one of our friendly, experienced solicitors. You can talk to us free and confidentially about your potential claim, with no obligation.
If you decide that you want to go ahead with making a claim, we will gather as much evidence as we can to support your claim. This evidence may include:
If you have or a family member suffered a severe injury caused by an employer, public body or other road user’s negligence, we can often obtain rehab funding. This allows your rehab to get started straight away. Early rehab means better recovery.
In many cases, our early help ensures that rehabilitation follows seamlessly from your acute NHS hospital care, building on the healing that has already begun.
Once our client’s rehab is underway, we are in a stronger position to secure compensation to cover future rehab costs to improve every aspect of their life, based on a realistic assessment of their abilities and lifelong needs. Rehabilitation is not a substitute for compensation. (from rehab page)
The earlier you contact us, the sooner we can start making a difference.
The general rule is that court proceedings must be issued (formally started) within three years of the date of the injury. There are exceptions to the three years rule and these apply to:
An initial interview is always provided free of charge. In serious injury cases, we often visit our clients in hospital or at their home if they are unable to get to our offices. At the meeting we will discuss how to fund the claim.
We offer a range of funding options, but the majority of our clients’ claims are handled on a conditional fee agreement (CFA) basis, often known as ‘no win no fee’.
This means that there is nothing to pay at the outset or until the claim is settled and you receive compensation. If you win your claim, the defendant’s insurer makes a contribution towards your legal costs. You pay nothing if your claim does not succeed.
You may also have existing legal expenses insurance under a 'Household and Contents' insurance policy and we can help you to check the policy.
The amount of compensation that a head-injured or brain-injured claimant receives depends on their individual circumstances. The size of their claim will be affected by the type and extent of their brain injury, its impact on each area of their life, such as whether they can live independently, return to work, look after themselves and get around.
Other factors, such as the client’s predicted lifespan, benefits they have already received, and occasionally their own contributory negligence, may affect the settlement value of the claim.
Compensation claims for head and brain injury are highly complex and must be handled by specialist solicitors who understand and are experienced in meeting the needs of brain injured clients and their families.
We usually secure funding long before settlement of the claim to meet our severely brain-injured clients’ urgent need for rehabilitation. Early rehabilitation and our ongoing support are of critical importance in maximising recovery. This in turn provides greater opportunity for independence, active participation and enjoyment of a more fulfilling life.
We also obtain interim (advance) payments to meet other urgent needs, such as paying for home adaptations to suit our client’s disability, specialist equipment or easing financial hardship arising from lost earnings.
Depending on our clients’ injuries and personal circumstances, their claim may include compensation for:
As a leading specialist brain injury claims firm, our partners all have more than 20 years' experience of supporting those with severe head and brain injuries.
Head of the Personal Injury team and Partner, Kim Milan, is accredited by the Association of Personal Injury Lawyers (APIL) as a Brain Injury Specialist and is a Trustee of Headway Thames Valley, a local head injury charity based in Henley on Thames.
Our brain injury claims team are all members of the Headway personal injury solicitors list. This means we are recognised by Headway for our expertise and ability to make a difference to the lives of brain-injured people and their families, and we work within the Headway Personal Injury Lawyers’ code of conduct.
Our brain injury team also have strong, established links with brain injury associations and those who provide rehabilitation and support for people living with the consequences of brain injury.
“Boyes Turner advises clients on a range of personal injury matters, with specialist expertise across the areas of brain and spinal injury” – The Legal 500 directory
“Highly experienced personal injury practice fielding leading capabilities in catastrophic injury claims. Particular strength in handling spinal and head injury cases” - Chambers and Partners directory
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The brain is a complex organ – containing hundreds of billions of nerve cells that are responsible for our ability to move, think and feel. Anything that disturbs how it operates – however minor – is known as a brain injury. It has the potential to affect any other part of the body, which is why it can have such a life-changing impact on the victim and their loved ones.
The cause, extent and location of the brain damage will determine how someone will be affected and for how long. Our personal injury specialists are highly skilled at working on a wide range of brain injury claims where the damage was the result of an accident or incident where the person was not at fault. If this happens, it is also known as an acquired brain injury (ABI).
This is when damage to the brain is caused by a sudden and external jolt/blow to the head. This impact can make your brain knock against the inside of your skull, which leads to the tearing or bruising of nerves or tissue.
Headway estimates that around 75-80% of TBIs are mild with no lasting effects. But moderate and severe TBIs contribute to head injuries being the “commonest cause of death and disability in people aged 1-40 years in the UK”. (National Institute for Health and Care Excellence).
Sadly, brain injuries affect more people and their families than ever before. According to figures quoted in a 2020 Parliamentary debate, there are as many as 1.4 million people living in the UK with the consequences of an ABI. While not all these injuries are the result of accidents or other negligent acts, it highlights how brain damage and head injuries are not a rare occurrence.
Indeed, Headway research found that ABI hospital admissions increased by 10% between 2005-06 and 2016-17. Since then, data for NHS hospitals across England alone reveals that – of these admissions – there has been a 6.6% rise in admissions for head injuries (183,751).
Of course, not all of these have a life-changing impact. But, based on Headway’s estimates, that still means that up to a quarter will have a moderate or severe TBI that can impact quality of life. And, if this happens to you and it is not your fault, a brain injury claim can help ensure you get the practical, financial and emotional support you need to overcome the challenges you may face.
Other types of acquired brain injuries can be the result of sub-standard healthcare or treatment – whether it is misdiagnosis, surgical errors or problems at birth. If this affects you or a loved one, you might be able to make a medical negligence injury claim.
The cause of the injury, severity of the damage and the individual involved can all influence how a brain injury can be treated. While the damaged cells cannot regenerate, it is still possible for a recovery to be made. This is because the brain can reorganise itself so other parts take over the activities from damaged areas.
In the immediate aftermath of an accident, the treatment options include over-the-counter pain relief for mild injuries causing headaches and complex procedures such as neurosurgery in more severe cases. Many brain injury survivors require brain injury rehabilitation to help their brain learn different ways of working in order to minimise the full impact of an injury.
Yes, it is depending on the severity of the brain injury– but recovery from a brain injury can be a slow process. It can take many months or years. It could also be at least a year after an accident until the full extent of the injury is clear, at least physically. The psychological effects can take a little longer to recover from.
An ABI is damage to the brain sustained at any point since birth. The impact can be either permanent or temporary depending on the nature of the injury. But it can often be far-reaching too – whether this is physical, emotional, behavioural or cognitive. ABIs can also be described as either traumatic or non-traumatic.
A hypoxic brain injury is a form of non-traumatic brain damage where an external force is not a direct cause. Instead, it is where the regular and constant flow of oxygen to the brain – and the blood that carries it – is partially or totally disrupted. As a result of this, the brain is damaged.
Our specialist brain injury solicitors can help you or a loved one make a claim if an accident has led to choking, drowning or suffocation. It can also be due to mistreatment or misdiagnosis and this is something that our dedicated medical negligence solicitors can help you with.
Traumatic or non-traumatic – our brain injury solicitors are here to help you claim compensation if you or a loved one are injured in an accident and someone else is at fault. Let us help you find out the options available to you. Call us on 0800 124 4845 or get in touch to start the process.
TBIs – and some non-traumatic or hypoxic injuries – can be caused in a range of situations. We have experience of helping people to make brain injury compensation claims due to:
Each of these accidents or situations can often be easily avoided which means that someone is generally at fault. No matter the cause, we are committed to assisting you and your family with brain injury claims in order to help you rebuild your life. Call 0800 124 4845 or get in touch today to learn more.
The impact of a brain injury depends on how severe it is and where the brain is damaged. While many people will make a full physical recovery after a minor head or brain injury, some can be left with longer-term, or lifelong, physical, cognitive and emotional problems that have a major impact on everyday life.
This can include:
However, it is often the unseen consequences of a brain injury that can have the most significant impact – both for the injured person and those around them. This can include emotional and behavioural effects, which are harder to come to terms with and can include:
The impact can be profound in many ways. Our brain injury solicitors understand how hard it can be for families to adapt. But we can help – call 0800 124 4845 or get in touch to find out how.
Rehabilitation is designed to help you, your loved one and your family move forward. We strive to ensure, where possible, there is a continuity of care throughout your brain injury claim. With this, we can help maximise recovery, maintain independence and help rebuild the lives affected.
It can involve neuropsychologists, physiotherapists, speech and language therapists and occupational therapists – and it usually takes one of the following forms:
Many people who turn to us require rehabilitation in a specialist unit. We can arrange this if we are instructed while the injured person is in a hospital. We can also obtain interim funding from insurers to cover the costs. It is all part of our service to you as part of your brain injury claim.
We consider the Rehabilitation Code of Practice at the outset in every case. This means that we aim to assess your immediate needs as a priority by instructing an experienced brain injury case manager. He or she will meet with you, often whilst you are still in hospital and provide recommendations for rehabilitation and support to maximise your recovery. Where liability is admitted we will ask the insurers of the person responsible for the accident to fund the initial assessment and ongoing recommendations either directly or through interim payments.
Even if liability is in dispute, we may still be able to arrange an immediate needs assessment. Once liability is admitted, we are then in a position to implement the recommendations sooner rather than later.
Get in touch or call 0800 124 4845 to learn how making a brain injury claim with us is as much about supporting you through the rehabilitation process as it is about securing compensation.
Rehabilitation or ‘rehab’ is the process of restoring someone back to health and normal life, as far as is possible, through training and therapy. Ideally, rehab should follow as soon as possible after the immediate or ‘acute’ medical or surgical hospital/NHS treatment which follows a traumatic injury. If we are instructed early enough, we can often arrange a seamless transfer from acute care to rehab, to maintain and build on the healing that has begun to take place and maximise the potential for recovery.
Each client’s rehab will be individual to them, depending on the extent, type, severity and complexity of their injuries. Head injury and major trauma usually involve a multidisciplinary approach to coordinate the many different treatments needed for physical, neurological and psychological recovery. Amputation often requires physical, prosthetic, pain management and psychological expertise, whereas rehabilitation for someone with PTSD but no physical injury will focus on psychiatric or psychological needs.
Rehabilitation goes far beyond ‘fixing’ a physical or psychological injury. Life will be different after a serious injury, but for many, it can still be fulfilling. In many cases, rehabilitation can help our disabled clients access education, live independently or return to work.
Our seriously injured clients often benefit from rehabilitation for:
We have secured rehabilitation and compensation for clients who have suffered severe injuries, including:
In the majority of our serious injury claims we are able to obtain funding for our client’s rehab from the defendant’s insurer.
We aim to secure rehab funding as soon as possible after the injury to avoid any delay or gaps in our client’s treatment between NHS acute care and rehab.
Where possible, we work collaboratively with the insurer under The Rehabilitation Code 2015 to ensure our client’s needs are met, whilst acting in our client’s best interests, and supporting their family, at all times. The Rehabilitation Code encourages injury claims lawyers and defendant insurers to prioritise the injured person’s rehab in any compensation claim.
If an insurer unreasonably refuses or delays responding to our request for rehabilitation funding, we escalate our request to someone with higher authority within the insurance company, following The Serious Injury Guide. This ensures that our request for rehab funding is considered quickly by someone within the insurance company who has authority to take action. In most cases where the defendant’s liability for our client’s injury is clear, we are able to get our client’s needs assessed and their rehab underway with Rehabilitation Code insurer funding.
Occasionally, if full liability for our client’s injury is strongly disputed by the defendant, the insurer may refuse to provide Rehabilitation Code funding but agree to make an interim payment.
An interim payment is a part payment of compensation paid to the claimant in advance. The client can use their interim payment to pay for their rehabilitation.
The advantage of Rehabilitation Code funding is that it is always paid in full. Interim payments are advance payments of part of the final settlement, which may be reduced (discounted) for risks, such as contributory negligence. A discounted final settlement reduces each part of the compensation recovered by amount of the discount. This includes any rehab costs paid from interim payments. We believe that rehabilitation should always be a priority. In our experience, we usually recover our clients’ reasonable past rehab costs, along with the rest of their compensation, in their final settlements.
Rehabilitation following serious injury is a lifelong process. It’s rarely ‘all done’ in the first few months or years following the accident. Clients may need ongoing help to adapt to changes in life circumstances, house moves, jobs, prosthetics or ongoing counselling and therapy during tough times. We keep our clients’ rehab needs under review throughout their claim and ensure that their settlement provides for any ongoing or further rehab that they will need in future.
Throughout our care of our client, our experienced solicitors can help ensure that our clients receive their full entitlement to benefits and social care.
Recovery is better and faster with early rehabilitation. The injured person has the best chance of regaining more function and independence if rehab continues on, without interruption, from the acute medical care which follows the traumatic injury.
Instructing us as soon as possible after the accident enables us to:
This approach gives the injured client:
Rehabilitation does not replace compensation. Rehabilitation maximises recovery. Clients who participate fully in their own rehabilitation and recovery go on to live more meaningful and fulfilling lives with the help of compensation. Those who have not reached a level of recovery where they can benefit from available help do not receive the highest amount of compensation.
Compensation is not a random lottery win/windfall. Despite the impression given by the media, compensation is carefully calculated for each individual according to rules that are set by law.
In a major injury claim, most of the compensation reflects the costs of meeting the injured person’s needs arising from their new disability. The greater the recovery, the more the client can use compensation, to access help, support, technology and other assistance to live an independent or meaningful life. Whichever way you look at it, it is in our clients’ best interests to help them make the best recovery. We do this through rehabilitation.
Disability and other consequences of a severe injury affect the injured person for the rest of their life. Our commitment to rehabilitation comes from our experience of working with seriously injured clients. Our clients receive full compensation, but many also regain more than money alone can provide – restored independence, fulfilment, and the ability to participate in whatever’s important to them in life.
We understand severe and complex injury. Our clients have suffered severe physical and psychological injury, which is often made worse by chronic pain and fear for the future. Their recovery and their claims need experienced management to ensure that they receive their rehab at a time and in a way that is most effective, with proper support.
We are experienced at securing substantial and timely rehab funding to meet our clients’ needs. We have the skills and the persistence to ensure that our clients’ needs are met.
We also understand the impact that a sudden, severe injury has on other members of the family. Our compassionate and experienced lawyers have supported the parents, partners and children of our injured clients through the toughest of situations.
Our process for securing our client’s rehab begins as soon as we are instructed to investigate and pursue our client’s claim. This involves:
Like any complicated project, rehabilitation should be carefully planned, properly funded and coordinated to achieve the best outcome from the available resources. Our specialist lawyers work with trusted case managers, medical experts and the client’s family, and with the funding insurer, to ensure that our client’s rehab needs are fully and quickly met
Our medical negligence and personal injury teams have been nationally recognised for over 20 years because of their expertise, empathy and commitment to securing maximum compensation for our clients.
Almost 5 years ago my sons suffered a life changing brain injury accident. A new life for everyone, so many unknowns so many difficult decisions. I met Claire and the team shortly after the accident. So many questions answered but more than that, amazing lovely people. Claire has been guiding me and the family throughout this ordeal with such compassion, there every time I needed her we couldn’t of asked for a nicer person. I have met many others with in Boyes Turner and all have been genuine lovely people, I’m now working with Ruth and Lindsay from the court of protection. Again, I can't say enough about them amazing lovely people. They truly do won't the best for my son and they did and continue to do so.
Claire is exceptionally knowledgeable in the personal injury legal domain, especially in the specific area of my injury. From our very first conversation, she was clear in explaining the potential different routes that the process could take and provided me with expectations of what I could expect along the journey. She ensured that all bases were covered, organising meetings, discussions and necessary specialist appointments, in order to bring together the case and take it forward. Claire was then able to use her extensive pool of contacts, to appoint an "area leading" barrister, to represent me. Overall, I was very pleased with appointing Claire and Boyes Turner to act as my solicitor for the legal claim that I pursued. Thank you for all of your support.
I approached Claire Roantree of Boyes Turner in regards to making a claim about a workplace burns injury. It was something that had scarred me physically and mentally and taken a huge toll on the lives of me and my family. Claire wasted no time in finding out what happened and made sure I was treated by known experts and quickly finding an answer to my burns scarring and how I could be treated to help manage my pain. Claire also helped me by appointing a psychiatrist to understand my situation and help me cope with post traumatic stress disorder. As well as taking as much stress of the claim away, she was thorough in every situation, making sure I had the best possible claim, and handled it all expertly, I am so very grateful to her and her team. They have helped guide my life back into a positive direction and I can't thank her enough!
Excellent service from Claire and her team at all times. We were kept up to date at each stage of our claim. The outcome was much better than we expected and we would not hesitate to recommend Boyes Turner to family and friends.
Kim handled my personal injury claim after a car accident with immeasurable expertise and compassion. Boyes Turner arranged every part of my private rehabilitation, which greatly improved the speed and quality of my recovery. Each stage of the litigation process was dealt with efficiently and succinctly. This was then always explained without using unclear legal jargon. On both health and financial levels, I would be in a far worse position without Kim’s invaluable input. I cannot recommend this firm enough.
