Every year approximately 125,000 people suffer from some sort of brain injury which requires hospital admission in the UK.
This can be from a variety of causes such as accidents at work, clinical negligence, road traffic accidents, or accidents in public places.
Whatever the cause injuries can change lives in an instance both for the victim and for their family and friends.
The effects of brain injuries vary; for example there can be cognitive memory loss, poor concentration through to permanent brain damage and physical disability.
This can require complete change to lifestyle which does come at great cost.
Starting a compensation claim can be daunting; however, compensation can bring real help to this process.
What can be claimed?
- Compensation for pain and suffering the person has endured.
- Initial financial losses.
- Future losses such as rehabilitation costs.
- Future disability aids of specialist equipment.
- Transport costs or the cost of having a house modified.
- Potential future loss of earnings.
This is not exhaustive and depends upon your precise circumstances.
Can I get an interim payment?
An interim payment is an amount paid during the course of the claim and is intended to prevent the Claimant suffering financial hardship.
If liability has been admitted then the parties are able to agree an interim payment between themselves. If the parties can not agree this then your solicitor will need to make an application to the Court. If the Court is satisfied that substantial damages would be awarded and there is a need for an interim payment then they are likely to award such an interim payment.
Any interim payment that is paid is deducted from the final award.
If care or housing adaptations are required then an interim payment can be an important step to alleviate the stress caused by a brain injury.
How is compensation paid?
Due to the serious nature of brain injury claims, compensation is often much higher than other personal injury actions and can lead to settlements amounting to millions of pounds. It is often the case that the settlement is paid as a lump sum, however, this is not always the case.
Annual payments for life known as periodical payments can be arranged to ensure the injured person receives proper care for the rest of their life.
Your solicitors can agree this with the Defendant, or the Court can order it if it does meet the need of the Claimant.
How to protect my financial award?
If large compensation is received, advice from a financial advisor should be sought. Your solicitor can also advice and is likely to recommend that the sum is placed in a personal injury trust.
Your entitlement to benefits can be impacted by a personal injury settlement. Therefore, a personal injury trust can be set up before payments are made to protect your benefits position.