March 6, 2010
Is Specialist Legal Representation Really Needed When Claiming Compensation For A Head Injury Accident?
Accidents that are of a serious nature can very often be associated to the head. The medical and emotional consequences that are involved can be extremely far-reaching. It is therefore imperative that only the most tried and tested head injury compensation claim solicitor is instructed.
Head injuries have the potential of being far more serious than any other injury to our bodies. The brain is extremely sensitive and if you were to knock your head in some way, this can lead to extreme consequences, which can be of a long-term or even permanent nature. Finding legal representation that will take a number of crucial factors into account is imperative after suffering a head injury so bear this in mind. This will be essential when looking to obtain the maximum level of head injury compensation that you may be entitled to.
A head or Brain injury solicitor should have ample experience in dealing with this type of case in the past. In fact, it would be a good idea to verify this point, before going ahead and instructing their service. Find out how many cases they have handled in the past and whether or not they are affiliated with any professional bodies that are associated with this area of law specifically. Of which there are many.
Head injury compensation can be notoriously difficult to acquire, unless you have the service of a reputable and experienced solicitor working for you. Accurate proof will always be necessary in a head injury accident because the rules are generally strict and very involved. A case like this will need substantial evidentiary support of high quality; only a head injury solicitor will appreciate this. Medical professionals will often give their opinions, diagnoses and prognoses so this information is worth seeking out.
A severe short term impression and long term implications can be caused by a head injury and will therefore have a big impact on many people’s lives. This could be anything from a profound effect on the claimant’s memory, to emotional and sensory problems. The most extrovert character who is normally cheerful can be reduced to depression, short-tempered and can even become completely introverted through having a head injury. Head injury sufferers may also experience significant emotional stress, especially if they are having to come to terms with massive changes in their lives for the future. When a person is unable to work again then this situation often arises. A number of senses can also be effected, or even lost completely, as a side-effect of a head injury.
The responsibility of proving that the claimant has suffered medical problems and financial loss due to the injury is the job of the head injury solicitor. A head injury compensation award is essential to obtain. But more than that, the solicitor also has to prove to the court how the injury is likely to effect the claimant’s future. The level of compensation, care requirements and the loss of earnings are likely to transpire from this and need to be recognised accordingly.
In short; any solicitor working on your behalf who is claiming compensation for a head injury needs to ensure they are wearing kid gloves. Such cases are not akin to claims for a broken limb, for example. Claimants will have to deal with more far-reaching considerations some of which may be very distressing and the solicitor will see this. With this in mind, should you ever require the services of a head injury solicitor, do your homework first and foremost and ensure that only the best representation is instructed to assist.
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META: Despite the fact legal aid is no longer available in such cases, a personal injury solicitor may still be able to assist you on a ‘no win, no fee’ basis. Representation in this way, should be secured if you feel you have a strong case?
Before the year 2000, legal aid was available for personal injury claims. However, as with many areas of law, especially such things as head injury compensation etc, personal injury claims were becoming more and more costly to the UK tax payer and as a consequence, the Government felt obliged to cut off such access to people. Another way of accessing justice has had to be found by personal injury solicitors as a result of this, otherwise some people would never be able to afford to try and make a claim.
As unfortunate as it sounds and despite the fact that most people who are connected to the British legal systems would attempt to protest otherwise, the best levels of justice are only ever available for the super rich! We already know that deep down this is absolutely true. If the Government were ever trying to argue against this fact, they would never have stopped legal aid for personal injury cases in the first place.
But, stop it they have. So, when you experienced an accident that was not your fault, where does this actually leave you? What personal injury solicitors will take on your case if you do not have access to the necessary funds it will take to pay them for their service?
This is where a personal injury solicitor would have boxed very clever and devised a way around the Government’s cruel lack of compassion in this regard. If you want your case taken on, on a ‘no win no fee’ agreement then you do have to have met and satisfied a certain criteria.
The relevant criteria that will be assessed in this regard are as follows:
The accident must not have been your fault.
Legal entity or another person (e.g. a company) an accident they must have been responsible for. A breach of their duty or care to you would normally come about from their own negligence and this is where liability comes in.
There must have been a loss suffered on your part in some way. Financial loss, pain and suffering could mean you are entitled to be compensated for.
If the above criteria can be identified successfully, you would be far more likely of securing personal injury solicitors that will take your case on. Progressing with your claim means you have to be able to satisfy the criteria, if you can’t do this, then you do not have much chance. That is unless you are willing to instruct the personal injury solicitors yourself and pay them accordingly. Your chances of success of winning the case, even then,needs to be made clear right from the start.
Filling the void in the legal system had to be done when legal aid was stopped and personal injury solicitors have done this. A lot of people feel that such companies are trying to profit from other people’s misfortune and perhaps there are some firms where this is true. Trying to get some money back is every individuals right especailly, when they have suffered an injury whereby they have experienced financial loss. It’s even worse when the accident was not your fault? For those who attempt to argue otherwise they would have to be vary mean spirited.e. our lovely Government)!
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February 21, 2010
How to make a compensation claim for a head injury?
A lot of pain and suffering for yourself and the people close to you can be caused by an accident to the head, which was via either a criminal act, an accident at home or work, or a road traffic accident. Statistics show that 85% people who have suffered serious head injuries remain disabled even a year after their accidents. People who have suffered from minor head injuries get problems for about 3 months, 59% suffer from memory problems, 79% suffer from persistent headaches and 34% are unemployed. So if you or a loved one has suffered from a head injury for which another person is responsible, claiming brain injury compensation is the best option.
If you are thinking about making a compensation head injury claim for yourself or a loved one, it is imperative to prove the injury was caused due to the negligence of another person. In other words, liability for the accidents via a thrid person needs to be proven. Of course, head injury compensation can also be claimed in case of stroke, tumor or hemorrhage of the head which may not be caused due to someone’s negligence but that falls within the purview of a different claim.
Life changing consequences can be suffered by the victim, that is whey the compensation for a head injury claim, tends to be higher than that of a personal injury claim. Some victims are lucky to have a full recovery, but there are many who have to suffer life-long pain and suffering. Depending on the severity of the victim’s condition, they may need to go through the following steps to help them with the recovery.
Physiotherapy: Services of a physiotherapist becomes necessary when the victim has physical problems such as poor coordination, weakness and stiffness. A physiotherapist will be using a variety of treatments like hydrotherapy, massage and exercise to help the process of recovery.
- Occupational therapy: A head injury can cause the victim to struggle with everyday tasks. if this is the case, then the services of an occupational therapist will be required. Practical support will be given to help the victims to do these activities easily. Living as independantly as possible is where they want to get the victim too.
- Cognitive behavioural therapy: Normal everyday lives can be diffcult to resume after victims have suffered from a head injury. Problem solving and the way of thinking will be dealt with via a Cognitive behavioural therapist. Difficulties can be viewed more effectively and positively.
-Speech therapy: It has been known for vicitms to suffer from speech problems after a head injury. To help the victim regain their communication skills it may be necessary to visit a speech therapy.
Psychotherapy: Victims of head injuries may need to talk to a psychotherapist who will help them in dealing with problems and worries and help them to be more in control of their feelings and thoughts.
The best help in the field should be researched before claiming compensation for a head injury as expert advice is definitely needed.
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