Brain injuries are often life-changing for an individual and their loved ones. Where a brain injury is caused as a result of medical negligence, it can be especially traumatic and make things so much harder to come to terms with. In these situations, our medical negligence solicitors can support you with making a brain injury claim.

If you or a loved one has acquired a brain injury due to medical negligence, we understand that you may be feeling confused and angry about how this could have happened. You may understandably be feeling as though any suffering could have been avoided had you or your loved one received the right medical care.

At Ashtons Legal, we are often contacted by people who have been affected by a brain injury and are unsure of what to do next. When instructed, our brain injury specialist solicitors adopt an empathetic approach while also taking pragmatic steps to secure the maximum available compensation.

We know that receiving brain injury compensation will not resolve any suffering that has been caused, nor will it make the situation any easier to accept and move on from. However, compensation can eliminate the financial burden that may have been placed on you as a result of the injury and can also ensure all of your future needs are met.

Our brain injury solicitors can offer you:

  • 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 during this difficult time
  • A free rehabilitation service to aid you or your loved one’s recovery.

Contact Our Brain Injury Claims Solicitors

To make a brain injury claim, please get in touch with our experienced brain injury solicitors. You will be offered a free initial consultation to discuss the particulars of your claim and learn more about how we can help.

If you have an enquiry regarding a brain injury claim, please call us on 0330 191 4447, email or fill in the enquiry form on the right-hand side of the page, and one of our specialists will be in touch. In the meantime, you might also find our medical negligence FAQs of assistance.

Ashtons Legal Medical Negligence team

Ashtons’ specialist medical negligence solicitors have substantial experience and expertise in supporting clients with a range of claims, including brain injury claims. As such, we have established a strong reputation for securing positive results and understanding the unique circumstances of each individual case.

When you choose to work with Ashtons Legal, you will benefit from working alongside compassionate and knowledgeable legal professionals with specialist accreditations. Senior members of our medical negligence team are recognised by APIL as either Senior Fellows or Senior Litigators and are on the Law Society Clinical Negligence Panel.

Sharon Allison, our Head of Medical Negligence, also belongs to the AvMA Clinical Negligence Panel.

What Constitutes a Brain Injury?

There is a range of brain and head injuries which may arise as a result of medical negligence, potentially due to misdiagnosis, delays in treatment, or mistakes being made during surgery.

Our specialist brain injury solicitors can assist clients with various types of brain injury compensation claims, such as:

  • Traumatic brain injury claims caused by:
    • Haematoma
    • Haemorrhage
    • Aneurysm
    • Cerebral oedema
  • Anoxic brain injury
  • Hypoxic brain injury.

Brain Injury Claims Case Studies

How to Make a Brain Injury Claim

Our team have extensive experience in helping those who have suffered a brain injury as a result of negligent medical care. No matter how the injury was caused, if you suspect that medical negligence played a part in it, you may be able to make a claim.

Our brain injury specialist solicitors at Ashtons Legal will guide you through the entire process from start to finish. This involves handling every aspect of your claim, ensuring that you do not need to turn anywhere else for further support.

Our brain injury compensation claims service includes:

  • Assessing your brain injury claim and arranging funding via a ‘no win, no fee’ agreement
  • Building your brain injury medical negligence case, including access to experienced medical experts to support your claim
  • Drafting and submitting a Letter of Claim to the Defendant
  • Mediation processes to reach a settlement
  • Representing you in Court if required
  • Access to our free rehabilitation service for ongoing health and welfare support.

To make a brain injury claim today, get in touch with our solicitors at Ashtons Legal. Below you can learn more about the specific processes involved in claiming brain injury compensation.

Our Brain Injury Compensation Claims Service

Assessing Your Brain Injury Claim

The first step in any brain injury claim is to carefully assess the details of the brain injury. During your initial consultation with a member of our team, you will have the opportunity to share the details of your case and how the incident has affected you or another person who you are making a claim for.

This discussion will allow us to assess the merits of a claim and consider what the likely chance of success is. If we consider that you have a claim that should be investigated,  we will explain the options available to you, including how to fund your claim. This includes explaining our ‘no win, no fee’ agreement.

Building Your Brain Injury Medical Negligence Case

To build an effective brain injury claim, our solicitors will obtain and review all of your medical records, take witness statements from anyone who is able to offer helpful, factual insight into what happened and instruct medical experts in order to help assess the standard of care you received and whether or not this caused your brain injury.

This process allows us to establish a full picture of exactly what has happened and the impact that the brain injury has had on your life.

Submitting the Letter of Claim

If the medical records, factual evidence and medical expert evidence* supports a claim for medical negligence, we will draft a Letter of Claim and send this to the Defendant. The Letter of Claim will set out in detail the allegations of negligence against the Defendant and how the injury could have otherwise been avoided.

Once submitted, the Defendant has five months to respond and either accept or deny the allegations of negligence.

If the Defendant admits negligence, our solicitors will then proceed to value your brain injury case and work to agree a suitable settlement. Where necessary, we can also arrange for interim damages to be paid by the Defendant to meet any immediate needs you have.

Conversely, if the Defendant denies the allegations of negligence, we will instruct a barrister on your behalf and review the Defendant’s denials in discussion with you, the medical experts and the barrister in order to assess the reasonableness of those denials and the merits of issuing court proceedings in your claim.

In most cases, we will attempt to resolve the claim on your behalf at every opportunity. It is very rare that a trial is required however if an appropriate settlement cannot be achieved, we will support and represent you throughout trial.

Mediation Processes

In cases where the Defendant admits their failings, our brain injury solicitors will look to negotiate a settlement via mediation or round table meeting. We are experienced with using mediation for a range of brain injury cases and have a strong track record of securing high levels of compensation.

Court Processes

Should it not be possible to reach a settlement using mediation or arbitration, we can also represent you in Court. We have links with highly respected and knowledgeable barristers, and we can assure you that you will receive outstanding representation throughout the whole process.

Free Rehabilitation Processes

Following any type of brain injury, such as a traumatic brain injury, it will likely be necessary to seek out additional health care and rehabilitation. Our expert team will work with our rehabilitation team, providing a rehabilitation service that is free of charge. This is regardless of whether your claim is successful or not.

For more information about this service, please get in touch with our medical negligence team at Ashtons Legal.

Brain Injury Compensation Claims Fees

‘No Win, No Fee’ Brain Injury Claims

Our team work on a ‘no win, no fee’ basis. This means that you will only have to contribute to your legal fees if your claim is successful. In circumstances where you are successful, the majority of your legal fees will be paid by the Defendant. In order to maintain transparency from the outset, we will explain to you (before you sign any agreement for us to act on your behalf) the level of your contribution to your fees if you win right from the outset.

Please be assured that if your claim is unsuccessful, you will not have to pay anything towards your fees.

Frequently Asked Questions About Brain Injury Claims

How much compensation will I get for a brain injury?

It is difficult to determine exactly how much compensation you will receive when making a brain injury claim.

The amount of compensation you could receive for a brain injury will depend on a number of factors, including the type of brain injury and the impact it has had on your life. All claims are unique, and the final settlement will be made on a case-by-case basis.

Brain injury compensation will typically cover any financial costs you have incurred, such as medical bills and lost earnings, as well as the non-financial impact of your injuries, such as your general pain and suffering.

Your brain injury solicitor will advise you on how much you could be entitled to based on your individual circumstances.

How long do brain injury claims take?

Our brain injury solicitors strive to resolve claims as efficiently as possible.

However, it is not always possible to provide an exact timescale when it comes to reaching a brain injury settlement. This is especially as brain injuries tend to be high value and complex.

Rest assured, you will always be updated about the progress of your case and be provided with realistic timescales, so you know exactly what to expect.

How can I prove I have brain damage?

Proving that brain damage has occurred as a result of medical negligence will typically be determined by medical evidence and independent medical examinations.

This will often include taking measures such as imaging tests, CT scans and MRI scans. It may also be necessary for medical professionals to carry out additional neurological exams that test cognition, motor function, coordination and reflexes.

How long do I have to make a brain injury compensation claim?

Generally, in England and Wales, there is a three-year limit to make a brain injury claim.

Typically, this three years will start from the date the brain injury occurred. However, in some circumstances, it will start from your date of knowledge i.e. the date upon which you became aware or reasonably should have been aware that you had suffered a brain injury.

There are some important exceptions to this rule which you should be aware of. These include where:

  • You are claiming on behalf of a child (someone under the age of 18 years old). You can make a claim at any time before the child turns 18. Once the child turns 18, they will then have until they are 21 to make a claim.
  • You are claiming on behalf of someone who lacks mental capacity to make a claim. This is common with brain injuries. There are no time limits to make a claim in these cases.

Why Choose Ashtons Legal?

Ashtons Legal is a client-centred firm first and foremost. We are committed to providing our clients with a carefully tailored service that is well-suited to their individual needs.

We avoid using any legal jargon and ensure that the entire claims process is as straightforward as possible. We appreciate that clients may be coming to us while feeling vulnerable and concerned about what may happen next. That is why we provide a welcoming and approachable service that is sensitive to your situation.

Ashtons is an industry-leading law firm which we owe to our expertise and dedication to supporting our clients. We have established an outstanding reputation in the legal sector, and within the wider communities we serve.

As a firm, we are recognised by legal commentators Legal 500 and Chambers and Partners and hold many specialist accreditations, including LexcelAvMaBrain Injury GroupAPIL, and many more.

Support available after brain injury

Headway and the UKABIF provide vital support and information services for individuals and families affected by brain injury. It is important to have access to good quality legal advice from lawyers who are experienced in claims of this nature, and Ashtons Legal are proud to be approved solicitors with these organisations.

Headway Corporate Supporter 2024        Headway Solicitors Directory Accreditation Logo 2024                UKABIF Logo

The Brain Injury Group is a national network of dedicated brain injury lawyers and expert services that delivers a comprehensive package to support brain-injured clients and their families through their claim and beyond.  This unique service combines the best brain injury legal experts with an extensive range of other specialist professionals, all of whom have a vital role to play in the rehabilitation and compensation of brain-injured clients.

Brain Injury Group logo

The Major Trauma Group’s overriding objectives are to secure, by providing exceptional legal advice, the resources to optimise clients’ health recovery through access to rehabilitation and support alongside maximising compensation and long-term financial security. Ashtons Legal is a member of this national group of highly experienced solicitors who specialise in the area of major trauma and its consequences.

Major trauma group logo

Get in Touch with Our Brain Injury Solicitors

To make a brain injury claim, please get in touch with our experienced brain injury solicitors. You will be offered a free initial consultation to discuss the particulars of your claim and learn more about how we can help.

If you have an enquiry regarding a brain injury claim, please call us on 0330 191 4447, email or fill in the enquiry form on the right-hand side of the page, and one of our specialists will be in touch. In the meantime, you might also find our medical negligence FAQs of assistance.


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