Brain Injury

Suffering a brain injury can be life-changing for the victim and their loved ones. It’s important that you seek specialist legal advice at an early stage, so that the necessary investigations can be undertaken as soon as possible.

Early neuro-rehabilitation can be key to any recovery and we can assist in accessing such rehabilitation.  A case manager would be appointed who would help manage all the various issues and evaluate what options and services are available to you.

In many brain injury cases we work closely with experienced barristers who are also there to guide you through the process. We know you may be worried about contacting solicitors or making a claim but please let us take some of the worry away from you so that you can focus on your recovery.

We offer free initial advice and are happy to visit you at home or anywhere else you feel comfortable. We would be able to visit you in hospital if that’s what you would prefer. Our team will be on hand to guide you through each step of the case process.

Brain Injury


Proving negligence in head and brain injury claims

Brain Injuries can be caused in many ways. At Waldrons our solicitors have acted for clients with brain injuries caused by:

  • Accidents at work
  • Road Traffic Accidents
  • Trips or falls
  • Assaults


In order to succeed with a civil claim for compensation, negligence must be established against another party. It must be proven that the brain injury was caused by the breach of duty of care of another; for example an employer or road user or occupier.


No two cases are identical and Waldrons will advise you on your prospects of establishing negligence and what evidence we may have to obtain to prove liability against another party.


Typically however we would need to obtain information about the accident itself; for instance taking an account from you if you are able to provide one, obtaining the police report (if you were injured in a road traffic accident), gathering witness evidence, seeking to preserve CCTV footage and obtaining any other evidence that may assist in proving negligence.


We would also have to obtain evidence about the injuries you suffered and how they have affected you. For instance we would need to obtain expert medical evidence, your medical records and any radiology, your occupational health and personnel records (if appropriate) and also witness evidence from work colleagues about loss of promotion etc.

Common accidents that result in head and traumatic brain injuries

There are many possible causes of traumatic brain injuries, including road traffic accidents, assaults, falls and accidents at work.


At Waldrons our solicitors we have dealt with many types of brain injury claims recovering millions of pounds on our client’s behalf. We aim to get you not only the compensation you deserve but also early access to specialist neuro-rehabilitation and an interim payment.


If you have suffered a brain injury as a consequence of a road traffic accident our experienced solicitors will assist you with making a claim for compensation even where the other driver is not insured or has not been identified.


Our solicitors have dealt with many serious road traffic accident cases on behalf of drivers, passengers, pedestrians, cyclists and motorcyclists. Even if you were not wearing a seatbelt you can still make a claim and we will advise you about how this may affect your claim.


Similarly if you have suffered a brain injury at work (perhaps because of a fall or faulty machinery or something falling on/striking your head) our brain injury specialist solicitors can help you bring a compensation claim. In such cases the Health and Safety Executive will normally be involved and will be undertaking their own investigation. We can liaise with them on your behalf.


Our solicitors have dealt with many serious accident at work cases. In some cases our clients have either fallen from a height or have fallen into a hole/pit. Others have been struck on the head by a piece of equipment or injured when for instance a crane has been moving raw materials/goods.


Whatever the circumstances it is important that you seek legal advice given how serious and life changing brain injuries can be.

Brain Injury Compensation

The compensation you may recover if you have suffered a brain injury can vary greatly depending on the level of injury, its effect on you and your personal circumstances at the time the accident occurred.


Compensation is divided into two categories; General Damages and Special Damages.


General Damages

This is an amount of money which is intended to compensate you for the pain suffering and loss of amenity caused by the accident. It would be necessary to obtain expert medical evidence which would assist the Court in determining what award to make in this respect.


Awards for General Damages are comparatively low in the UK when looking at other countries, for instance in the US.


General Damages are assessed by considering previously decided cases where compensation awards have been made for similar injuries. When assessing General Damages, Judges also use Guidelines called Judicial College Guidelines which help them decide what award to make.


The Guidelines offer brackets of awards depending on the severity of brain injury, ranging from minor; where the injury will be minimal and a full recovery will have been achieved in a few weeks to catastrophic; where may be some ability to follow basic commands but there will be little, if any, evidence of meaningful response to environment, little or no language function, double incontinence, and the need for full-time nursing care. The JSG 16th edition have the following brackets of awards:


Very Severe:        £282,010 to £403,990
Moderately Severe:    £219,070 to £282,010
Moderate:        £43,060 to £219,070
Less Severe:        £15,320 to £43,060
Minor:            £2,210 to £12,770


Special Damages

Special Damages is essentially another term for financial losses.

These losses can be claimed in addition to General Damages

As a brain injured Claimant you are able to recover your reasonable financial losses caused by the accident. The assessment of Special Damages is intended to put you in the same financial position had the accident not occurred.

There are a number of different types of financial losses you may be able to claim. Below is not an exhaustive list but is intended to illustrate the types of claims which can be brought.


Loss of Earnings

Clearly if you are unable to work or not able to return to your previous job then past and future loss of earnings can be claimed including loss of promotion prospects.


Care and Assistance

You are likely to require significant care and assistance as a consequence of the injury and the cost/value of that care can be included in any claim into the future.


Aids & Equipment

You may need certain medical aids and equipment to assist with your recovery and ongoing daily function/rehabilitation. Again these can be included in any claim together with their replacement costs into the future.



You may require special adaptations made to your accommodation or indeed you may need to move into alternative accommodation if your current living arrangements are not suitable for you. These are costs that can be included in the claim.



You may require a special vehicle as transport and/or you may require a higher class of airline travel to meet your needs. These costs can be included.


Medical Treatment/Rehabilitation

You may require ongoing medical treatment/rehabilitation. These costs can be included in any claim for compensation.


Legal/Professional Fees

Costs associated with the appointment of a Deputy on your behalf can be included in addition to costs associated with the management of any fund.

The above are just some examples of what can be claimed on your behalf. As we have said before it all depends on your individual circumstances.

Why use Waldrons for Brain Injury Settlements and Claims?

We offer free initial advice and are happy to visit you at home or anywhere else you feel comfortable. If you’d like us to help, please click here to contact us

Why choose Waldrons?

Flexibility We are available for appointments at your home, at hospital or another location that’s convenient for you.
Dedicated You will have direct access to a Legal Advisor throughout your matter.
Established We have over 150 years’ experience in providing specialist legal advice representing individuals.
Costs We are clear on costs 100% of the time.
Experts Our specialist Personal Injury lawyers are ranked in legal directories.
Local Offices across the West Midlands, Worcestershire & Cheltenham.
Experienced Our Personal Injury team have recovered millions of pounds in compensation for their clients.
Brain Injury

Accreditations and Affiliations

Any solicitor can say they are experienced in what they do. We go the extra mile to demonstrate our expertise. Many of our lawyers have undertaken independent assessments of their knowledge and skills. Our accreditations give you the assurance that you are dealing with a specialist.

Brain Injury

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