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![]() Michael Berrett What is brain injury?
Brain injury can be caused by either external physical force such as car accident or by damage from lack of oxygen. It usually involves a loss of consciousness which may last from just a few moments to weeks, or even months. A brain injury that does not result in loss of consciousness or require hospitalisation initially, can also lead to temproray or permanent damage to the brain.
What are the effects of brain injury?
Brain injuries effect people in different ways. Every case is different. The patient's own ability to recover is important. Disabilities usually fall into the following categories:-
- seizures, headache, weakness of one or both sides, fatigue - impaired balance, speech, hearing, and visual problems - impaired reasoning, memory, difficulty reading and writing - emotional instability and behavioural problems Why is it crucial to select an experienced lawyer?
CLM has over ten years experience of winning substantial brain injury cases for their Clients. We have a small team of experienced, caring and dedicated lawyers and support staff. We are focused on enabling rehabilitation and recovering maximum damages in each case.
Our lawyers are members of the Association of Personal Injury Lawyers and we also have an entry in the Headway Solicitors list.
It is not always clear that legal action will be required and so it is always in the best interest of patients and family to consult a lawyer specialising in brain injury at the earliest opportunity.
What does the legal process involve?
We offer an initial free consultation. this will either be by phone or in person. We will discuss with you the nature of the injury, how liability (blame) can be proved and the current situation regarding care and rehabilitation.
We will review all the information that you have relating to the claim. This may included the Police report, medical records and any correspondence. In most cases we will then be able to make an initial assessment of your chances of success, give you an estimated time scale and discuss funding.
How can a claim be funded?
We will discuss with you whether you may have legal expenses insurance to cover the investigation and pursuit of the claim. Depending on our assessment of the claim we may be able to offer a Conditional Fee Agreement ("no win, no fee"). We will make a clear arrangements with you about fees. These may be on a pay as you go basis or on a conditional fee basis. If on a conditional fee basis, we will normally pay for expenses other than our own fees in the investigation of your claim ourselves. You will not need to pay us anything until either an interim payment is received or the claim is settled.
Why maximising compensation is important
Planning for care for the rest of patient's life, predicting the financial costs etc. is a complex matter. We use specialists to assess the long term care needs of the patient looking at immediate costs, future costs, and making recommendations on how best to structure the financial management of the award.
How are settlements calculated?
Each case is different. The factors which determine the award will be the amount of past and and expected future income loss; the amount of past and anticipated care; the degree of impairment of physical, mental and emotional enjoyment of life.
Past Cases
CLM acted for the claimants in the case of Carroll -v- Fearon and Others which was reported in the Court of Appeal in 1996. This is thought to be the first time anyone in England has obtained a judgement against a manufacturer of tyres arising out of a faulty product claim.
CLM has also obtained a successful settlement against the National Blood Authority in a claim arising out of contaminated blood.
Cases resulting in substantial damages have also been successfully pursued based on road traffic accidents, accidents at work and clinical negligence.
For more information contact Michael Berrett, Head of the Litigation Team, on 01235 771234 or michael.berrett@clmlaw.co.uk
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