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Archive for November 21st, 2009

Compensation For A Head Injury – How Do I Make A Claim?

Life-changing consequences for the victim can be extremely serious from a head injury. The healing process can take a long time. If the injured party can prove that the injury was caused by another person then they can make a compensation claim. Head injury claims, in general, due to their nature, are resolved quite quickly. In fact, it can take 3-5 years to totally resolve this type of claim. Every year in the UK, a million people suffer a head injury. Out of this approx, 135,000 people are likely to get a serious head injury. Accidents or falls at the workplace or home and road traffic accidents can result in a head injury.

A higher percentage of people are surviving head injuries than before because of the great advances made in the field of medical technology. Those who have suffered from such an injury can expect a normal life. A huge number of people are living today with serious long-term effects of brain damage. An overwhelming 500,000 people in the UK, due to head injuries, are living with disabilities. Compensation head injury claims is thus relevant.

Before making any claim for compensation for head injuries, an individual must have proof that he has suffered from head injury caused due to another person’s fault. Evidence, such as medical reports will be required. The problem with brain injury cases is that it is difficult to establish the long term effects the injury may have had on the claimant and the level of support he or she may need in the future. The laws of the UK however, award interim settlements whilst waiting for the final settlement.

The amount of compensation that will be awarded to the injured person in a brain injury claim depends on several elements. For causing the injury, first of all, there is no compensation. In the second instance, the injured person and their family will be provided with all the support they need. Moreover, treatment and rehabilitation forms a part of this element as also cognitive behavioral therapy and counseling. Future earnings, medical equipment and care and expenses for the victim, will be a good part of the compensation package.

The main purpose of a head injury claim is to receive compensation for the claimant’s financial loss. But it also has some different positive benefits. If a person is found guilty of causing head injury, then the UK laws have something known as the Rehabilitation Code which makes it clear that that person has to provide support for the victim and their family. This entitles the victim of using the services of a Case Manager. Sometimes, even when the liability has not been proved and is in disupte, compensation will be awarded to the victim. This is only in some cases though.

Making this type of claim can be complicated, it is therefore a good idea to get the legal expertise that only an expert solicitor can provide. Taking legal advice is not a luxury, it is rather a necessity. In order to be awarded the highest claim possible, the solicitor will take care of everything including medical examinations. Solicitors in Manchester can be quite useful.