Solicitors for Head and Brain Injuries

The accident itself is usually established from witness accounts, the police report where there is one, and medical records from the time. The effects of the injury are then established through specialist medical evidence, most importantly a neuropsychological assessment where memory, concentration or behaviour have been affected. Evidence from the family about changes they have noticed is often just as telling as the formal testing.

It is a structured series of tests carried out by a clinical neuropsychologist, which measures memory, attention, processing speed, executive function and mood. It is not a pass or fail test, and no preparation is required. Where cognitive effects are claimed, this assessment is usually the single most important piece of evidence, because it distinguishes genuine cognitive impairment from other explanations.

That is not unusual with closed head injuries, and it does not mean there is no case. Standard imaging does not always detect the microscopic damage that causes cognitive and behavioural symptoms. Specialist evidence, including neuropsychological testing, can establish the effects even where a scan appears normal, and the medical experts will explain why imaging can be clear.

These are among the longer claims, often running to two years or more, and sometimes several years where the prognosis is still uncertain. That is not delay for its own sake. Where the injury is still developing, settling early risks accepting compensation for a position that turns out to be worse than it appeared, so the medical evidence needs time to mature.

Yes, where the injured person cannot manage their own affairs. A litigation friend is appointed to act on their behalf, and any settlement requires the approval of the court. The court can also appoint a deputy to manage any award. These protections exist to make sure the injured person's interests are properly looked after.

It can matter, because a failure to wear protective equipment can lead to a reduction for contributory negligence. That said, the reduction reflects the claimant's share of responsibility and rarely removes the claim altogether. It is worth taking advice rather than assuming a claim is not possible.

Yes, where it can be evidenced. Loss of earnings can cover pay already lost and, where the injury affects what you can earn in future, the difference over the longer term. Where a career has been curtailed or ended early, the effect on pension rights can also be a substantial element of the claim.

It is worth asking. For most claims the limit is three years, but where the effects of a head injury emerged later, the three years may run from the date you knew or ought reasonably to have known that you had suffered a significant injury. That is a technical area, and a claim that looks out of time on a first view sometimes is not.