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4 June 2014 0 Comments
Posted in Personal Injury

Five steps for success in brain injury compensation claims

Posted by , Partner

It seems that not a week goes by without hearing about a large financial settlement for a brain injury victim. Stuart Brazington, head of Withy King’s Brain Injury team, looks at what should be done when making a compensation claim.

A brain injury to a loved one will almost certainly devastate a family. Whether it be to the breadwinner/husband/wife/partner or a child, the effects of brain injury are so often underestimated and poorly understood which has led to it being called the “hidden disability”.

1. Choose the right solicitor
Your solicitor will be your advocate and will fight for your case. You should have confidence that your solicitor will understand all the issues and be prepared to take the fight to the insurance company. Check that there is no conflict of interest, i.e. the solicitor/solicitor’s firm does not act for insurance companies. If the firm does, you need to be sure this will not prejudice your case. Most solicitors should offer home visits in order to minimise disruption.

2. Check for relevant experience
Ask how many brain injury cases a solicitor is currently handling. Find out how many cases have been settled by this solicitor and whether that solicitor personally conducted those cases. Ask how long has the solicitor been representing victims of brain injury who make compensation claims? If a solicitor uses a team of other lawyers, find out how experienced the team is and who has what role within the team.

3. Check the solicitor’s qualifications
How many years qualified is the solicitor? Does the solicitor have the relevant memberships, for example, the Law Society’s Specialist Personal Injury Panel list, the Headway Solicitors’ Panel list, the UK Acquired Brain Injury Forum Specialist Solicitors’ Panel list. Does the solicitor demonstrate in-depth knowledge of brain injury, for example, through memberships of other relevant organisations in the charitable sector or through Court of Protection work?

4. Ask for details of settled cases
Any solicitor who has in-depth experience of brain injury work will happily provide details of cases that have been settled in years gone by without giving information so as to identify those clients. The cases should involve multi-million pound awards and also awards which include annual periodical payments. Is the solicitor able to talk to you about the different types of brain injury that may be suffered, for example, persistent vegetative state, diffuse axonal injury, post-concussion syndrome and is this solicitor able to talk about the many and varied problems that brain injury victims report?

5. Finally, do not be afraid to ask for a referee
A successful solicitor will have a number of external referees who can give you details of the solicitor’s expertise and reassure you that the person you propose to instruct is the right person for the job.

If your solicitor cannot answer the above issues to your satisfaction, you may wish to reconsider the appointment.

Above all, do not be afraid to ask!

If you’re considering a head injury compensation claim, you’ll want to make sure you’ve all the necessary support and advice. Withy King’s specialist Brain Injury team can help you achieve the best quality of life possible – and provide security for the future.

Through a combination of high-level expertise and compassion we can help you achieve a compensation award that provides a more secure future for you and your family. To find out how we can help, call 0800 923 2073 or email stuart.brazington@roydswithyking.com.

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