Trauma to the brain can have a devastating impact on both the injured individual and the people close to them. When a partial or complete loss of oxygen to the brain occurs, this can drastically affect the person’s life in the long-term, causing a wide range of ongoing health issues and impairments.
Where the brain injury was caused by another person’s negligence, you may be entitled to make a hypoxic brain injury claim. Of course, receiving compensation does not reverse the distress and damage; however, it can at least lessen the emotional and financial stresses for both you and your family.
In the aftermath of this traumatic event, our hypoxic brain injury solicitors can offer you:
- A free initial consultation on your claim
- No win, no fee funding
- A negotiation-led approach that means most claims are settled out of court
- Independently accredited expertise you can trust
- A very high track record of successful claims
- A sensitive, personal service to support you and your loved one’s during this incredibly tough time
- A free rehabilitation service to aid your recovery.
Have a question about hypoxic brain injury claims? Please take a look at our Frequently Asked Questions About Hypoxic Brain Injury Claims or get in touch, and we will be happy to guide you.
Contact our Hypoxic Brain Injury Claims Solicitors
To make a hypoxic brain injury claim, please contact our experienced solicitors. You will be offered a free initial consultation to sensitively discuss the particulars of your case and plan the potential next steps.
Ashtons Legal Medical Negligence Team
At Ashtons Legal, we pride ourselves on being a client-centred firm committed to offering a tailor-made service based on client requirements. We trust that you’ll find our specialist team to be both sensitive and approachable.
Our hypoxic brain injury solicitors have much experience supporting clients with a wide range of brain injury claims. We have excellent success rates and a knowledgeable team with an in-depth understanding of the complexities and challenges of such cases.
When offering our service, we don’t use legal jargon, ensuring that we communicate our processes in a manner that can easily be understood. We know that when our clients or their families approach us, they need a supportive team to explain their options in a straightforward way.
Ashtons Legal is an industry-leading law firm. We are recognised by top client guides the Legal 500 and Chambers and Partners, as well as holding many specialist accreditations, including Law Society, Lexcel, AvMa, Brain Injury Group, APIL and many more.
Senior members of our team are recognised by the Association of Personal Injury Lawyers (APIL) as either Fellows or Senior Litigators. They are on the Law Society Clinical Negligence Panel and Sharon Allison, our Head of Medical Negligence, also belongs to the Action Against Medical Accidents (AvMA) Clinical Negligence Panel.
How To Make a Hypoxic Injury Claim
Our brain injury claims solicitors at Ashtons Legal can guide you through the entire process from start to finish. We’ll take care of everything, providing a seamless process and ensuring that you don’t need to go anywhere else for support.
Our hypoxic brain injury compensation claims service includes:
- Assessing your brain injury claim
- Funding by way of public funding from the Legal Services Commission (LSC) if the criteria is met or by way of a No win, No fee Agreement which means that the investigation costs are met either way
- Building your hypoxic brain injury case, including access to experienced medical experts to support your claim
- Drafting and submitting a Letter of Claim to the defendant to seek early admissions of liability in order to seek interim payments on account of damages to meet immediate needs
- Mediation processes to reach a settlement
- Representing you through the civil claim process should it be necessary
- Access to our free rehabilitation service for ongoing health support and assistance with statutory funds making the most out of your entitlement to financial assistance
- Access to a multi-disciplinary service who are able to manage client funds via the Court of Protection, lifetime planning in terms of statutory wills and advice, conveyancing to deal with house purchases and employment advice on hand to assist with care teams etc. Ashtons Legal is a ‘one-stop shop’ to meet all the needs of the Claimant through whatever issues arise through a claim and beyond.
To make a hypoxic brain injury claim, get in touch with our solicitors at Ashtons Legal. Below you can find more information about the specific processes involved.
Our Hypoxic Brain Injury Compensation Claims Service
Assessing your hypoxic brain injury claim
When you get in touch with our hypoxic brain injury solicitors, we’ll begin by assessing the specifics of the brain injury. With your help and/or the help of your loved ones, we’ll gain a sense of exactly what happened and what impact the incident has had on your life.
This primary discussion is used to review the merits of a potential claim. If our solicitors believe that the claim has a good chance of success, we’ll explain the next steps, including funding options such as ‘no win, no fee’.
‘No win no fee’ hypoxic brain injury claims
At Ashtons Legal, we offer a ‘no win, no fee’ hypoxic brain injury claims process. You’ll only need to contribute to your legal fees if you win your case and are awarded compensation. In this case, the majority of your costs will be paid by the defendant. In the unfortunate event that your claim is unsuccessful, you won’t incur a fee for our legal representation.
Building your hypoxic brain injury claims case
Our specialist solicitors will build your case by collecting evidence, assessing your medical records, liaising with medical professionals and any securing available witness statements. Using these processes, we can gain a clear idea of what happened, the detailed circumstances and how the injury has impacted your health and life.
Submitting the Letter of Claim
Where the opinions of medical experts and your medical records demonstrate the basis of a negligence claim, our solicitors will draft a Letter of Claim and send this to the defendant.
The letter will describe the allegations of negligence and how the injury could have been avoided if not for negligence. The defendant will have a period of four months to admit their negligence or deny these allegations.
Where the defendant takes responsibility for the negligence, we can value your claim and proceed toward agreeing on a settlement. If the defendant does not accept liability, we will assess the basis of their denial, consulting our experts and yourself.
Should it be appropriate, we will issue Court proceedings. While these proceedings will be issued at Court, we will always attempt to resolve matters without the need for a formal hearing.
Where the defendant has accepted responsibility for the negligence, our hypoxic brain injury solicitors will negotiate a settlement with the help of arbitration or mediation processes. We have much experience in a diverse range of cases, with excellent success rates in securing compensation.
Where the case cannot be resolved with mediation, our expert solicitors can represent you in the Court proceedings. We work with incredibly knowledgeable and talented barristers and will make sure that you have excellent representation and feel adequately prepared for the process.
Free rehabilitation service
At Ashtons Legal, we appreciate that clients may need specialist health care, support and rehabilitation before they have access to any interim damages. Our expert lawyers work with our rehabilitation team to provide our clients with a rehab service free of charge, regardless of whether or not your claim is successful.
For more information about this service, please get in touch with our medical negligence team at Ashtons Legal.
Frequently Asked Questions About Hypoxic Brain Injury Claims
What is a hypoxic brain injury?
The brain needs a constant oxygen flow, and if that flow is restricted, the brain is starved, causing the death and impairment of brain cells.
This is sometimes referred to as hypoxic-anoxic brain injury. Hypoxic means a restriction of oxygen to the brain, and anoxic means that the brain is totally deprived of oxygen.
What causes a hypoxic brain injury?
There are several potential causes of this type of brain injury, such as:
- Respiratory or cardiac arrest
- Low blood pressure from shock
- Mistakes during surgery (for instance, wrongly administered anaesthesia)
- Suffocation or choking
- Almost drowning
- High altitudes
- Electric shock
- A drug overdose or poisoning
- Suffering a stroke
- An asthma attacks
- Complications during child birth (when experienced in babies and children).
Can someone recover from a hypoxic brain injury?
It can be difficult to determine recovery after a hypoxic brain injury because each case is different. The long-term outcome will depend on factors, including the severity of the brain injury and how quickly proper treatment is given. Early medical intervention is necessary to improve the chances of recovery.
Can hypoxic brain injury be cured?
Unfortunately, hypoxic brain injuries often cause permanent and serious damage. However, individuals with hypoxic brain injuries may have the chance of a full or partial recovery, particularly if rehabilitation is accessed early on.
Those with severe hypoxia can also access relief and the opportunity to minimise their symptoms, providing that they have the right medical support.
Get in Touch With our Hypoxic Brain Injury Solicitors
To make a hypoxic brain injury claim, please contact our experienced hypoxic brain injury solicitors. You will be offered a free initial consultation to sensitively discuss the particulars of your case and plan the potential next steps.