After a brain injury, you may be unsure of your legal rights and what sort of compensation you may be entitled to. JMW Solicitors is here to help. Our solicitors and case managers are able to support you in every step of your journey following an injury. Find out how we can help you.

Right to Brain Injury Compensation Claim

If you can show that another person was at least partly at fault for causing your injuries, you have the right to make a claim for compensation. Understanding the brain injury claims process is crucial, as it involves proving negligence, obtaining expert medical assessments, gathering relevant evidence, and working with experienced personal injury lawyers. It is important to understand that even if the injury was partly your own fault, this will not prevent you from making a brain injury compensation claim, although it might reduce the amount of damages you recover. The amount you receive will cover things like medical expenses, rehabilitation costs, lost wages, and pain and suffering. The severity and circumstances of the brain injury will determine how much compensation can be claimed, including general and special damages. It is important to seek advice from a solicitor who specialises in brain injury compensation, as cases of this nature can be very complex.

Right to Quality Care and Rehabilitation for Severe Brain Injury

You have the right to receive care and treatment that is appropriate to you, that meets your needs and that reflects your preferences.

Rehabilitation services play a crucial role in the recovery process, as they help patients to regain lost skills and improve their quality of life. For those suffering from a severe brain injury, the impact on mental capacity can be profound and require specialised rehabilitation services. You are within your rights to request specialist rehabilitation following your or your loved one’s brain injury.

A successful legal claim can fund this privately, and ensure that you have access to the best treatment in a timely fashion.

Right to Legal Representation

You have the right to legal representation to protect your interests. Legal representation is crucial in cases involving mental capacity to ensure that the affected individual's rights are safeguarded. As well as supporting any claim for compensation, legal representation can help you with things like negotiating with insurance companies, speaking to your employers or looking at powers of attorney if you are the loved one of someone affected by brain injury who cannot make decisions for themselves. The Mental Capacity Act is particularly relevant in brain injury cases, as it provides guidelines and protections for those who may lack the capacity to make important decisions. Brain injuries can be complex, affecting all aspects of life, and an experienced solicitor who specialises in brain injuries can provide invaluable guidance throughout the personal injury claim process.