How To Instruct a Brain Injury Compensation Claims Solicitor

Knowing how to instruct a brain injury compensation claims solicitor can make the first steps of a difficult process feel more manageable.

A specialist solicitor can listen to what happened, explain whether you may have grounds for a claim and guide you through the evidence, medical assessments and legal decisions involved.

You do not need to have every document ready before seeking advice, but providing some basic information about the injury and its effects can help the solicitor understand your circumstances.

Reach out to us today on 0800 0747 644 or complete a Free Online Enquiry to tell us more about your situation.

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Choose A Solicitor With Relevant Experience

Brain injury claims can be complex. The effects of an injury may not always be immediately obvious, and symptoms can develop or change over time. A claim may also need to account for medical treatment, rehabilitation, care, specialist equipment, lost earnings and future support.

For these reasons, it is important to choose a solicitor with experience in handling brain injury compensation claims. They should understand how to obtain appropriate medical evidence, assess the long-term impact of the injury and work with relevant experts.

A specialist solicitor should also communicate clearly and sensitively. Brain injuries can affect memory, concentration, communication and decision-making, so the legal process may need to be adapted to the injured person’s individual needs.

Make Initial Contact

The first step is usually to contact the solicitor by telephone, email or an online enquiry form. You may make the enquiry yourself, or a family member may contact the firm on your behalf.

During the initial conversation, the solicitor will normally ask some basic questions about what happened. This may include when and where the incident occurred, how the injury was caused and who may have been responsible.

You may also be asked about the medical treatment received and how the injury has affected daily life. This first discussion helps the solicitor decide whether there may be reasonable grounds for a claim and what further information is required.

You do not need to know the legal terminology or understand the claims process before making contact. The solicitor’s role is to explain the relevant issues in plain English.

Explain What Happened

Try to provide as much information as you reasonably can about the incident. This might include the date of the accident, where it happened and the events leading up to the injury.

Brain injuries can arise in many circumstances, including road traffic accidents, accidents at work, public place accidents, assaults and medical negligence. The solicitor will need to understand how the injury occurred before considering who may be legally responsible.

It is also helpful to explain whether the incident was reported. For example, there may be an accident report, police reference number, workplace record or correspondence from an insurance company.

Do not worry if you cannot remember every detail. Memory problems are common after a brain injury. A family member, witness or other available evidence may help establish what happened.

Provide Information About The Injury

Tell the solicitor about any diagnosis you have received and the treatment provided so far. This may include hospital admission, surgery, rehabilitation, physiotherapy, occupational therapy or psychological support.

You should also explain how the injury has affected you. Brain injuries can cause physical, cognitive, emotional and behavioural changes. These may include headaches, fatigue, memory difficulties, reduced concentration, mobility problems, mood changes or difficulty managing everyday tasks.

The wider effect on your life is also relevant. Let the solicitor know if the injury has affected your employment, education, relationships, independence or ability to care for yourself or others.

This information will help the solicitor understand the potential seriousness of the claim. However, a full assessment will usually require medical records and evidence from independent medical experts.

Gather Available Evidence

You are not expected to collect all the evidence before instructing a solicitor. Your legal team can obtain much of the information needed during its investigation.

However, it may be useful to provide any documents or details already available. These could include:

• Photographs or video footage of the accident scene
• Contact details for witnesses
• Medical letters, appointment records or discharge notes
• Police reports or accident reference numbers
• Correspondence from insurers or other parties
• Wage slips or employment records
• Receipts for travel, treatment, equipment or care

Keep records of expenses connected to the injury wherever possible. Depending on the circumstances, reasonable financial losses may form part of the compensation claim.

It can also be helpful to keep a brief diary recording symptoms, treatment, care needs and the ways in which the injury affects daily life.

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Discuss How The Claim Will Be Funded

Before instructing a solicitor, ask how the legal costs will be handled. The solicitor should explain the available funding options and provide clear written information about any charges, deductions or financial risks.

Some brain injury claims may be handled under a conditional fee agreement, commonly described as a “no win, no fee” agreement. Whether this arrangement is available will depend on the circumstances of the case.

You may also have legal expenses insurance through a home, motor or other insurance policy. In some situations, another funding arrangement may be more appropriate.

You should have the opportunity to ask questions before agreeing to proceed. Make sure you understand what you may have to pay if the claim succeeds and whether there could be any costs in other circumstances.

Complete The Necessary Paperwork

Once you decide to instruct the solicitor, you will usually receive a client care letter and terms of business. These documents should explain the work the solicitor will carry out, how the claim will be funded and how you will be kept informed.

You may also need to provide proof of identity and address. This is a standard requirement for legal firms.

The solicitor may ask you to sign forms authorising access to medical records, employment information or other relevant documents. These records can help establish the nature of the injury, the treatment received and the financial impact of the accident.

Read the paperwork carefully and ask for clarification if anything is unclear.

Acting For Someone Who Lacks Capacity

A serious brain injury may affect a person’s ability to make decisions or manage legal proceedings. Where the injured person lacks the mental capacity to conduct the claim, another person may need to act as a litigation friend.

A litigation friend is usually a family member or trusted individual who can make decisions in the injured person’s best interests during the claim. In some cases, a professional may take on this role.

A deputy appointed by the Court of Protection or an attorney acting under a valid power of attorney may also be involved, depending on the circumstances.

The solicitor can explain who may be suitable to act and whether any formal court approval is required.

The Solicitor’s Investigation

After being instructed, the solicitor will begin investigating the claim. This may involve obtaining medical records, speaking to witnesses, reviewing accident reports and contacting the person or organisation believed to be responsible.

The solicitor will also consider whether the other party breached a legal duty and whether that breach caused the injury.

Independent medical experts may be instructed to assess the brain injury, provide an opinion on the prognosis and identify any treatment or support required. Depending on the effects of the injury, evidence may be needed from several specialists.

The solicitor may also work with rehabilitation experts, care specialists, employment experts or financial professionals when assessing long-term needs.

Calculating Compensation

Compensation in a successful brain injury claim may include an amount for the pain, suffering and loss of amenity caused by the injury. It may also cover past and future financial losses.

Depending on the circumstances, these losses could include:

• Lost earnings and reduced future earning capacity
• Medical treatment and rehabilitation
• Professional care or support provided by relatives
• Specialist equipment and home adaptations
• Travel expenses
• Case management
• Accommodation needs
• Education or vocational support

Every claim is different. The value will depend on the nature of the injury, the recovery made, the long-term outlook and the effect on the injured person’s life.

A specialist solicitor should avoid valuing the claim too early, particularly where the long-term consequences are not yet clear.

Keep Your Solicitor Updated

A brain injury claim can take time, especially where medical evidence is still developing. During the process, keep your solicitor informed about any significant changes.

This may include new symptoms, further treatment, changes in employment, increased care needs or difficulties with accommodation. You should also provide updated records of expenses and financial losses.

Tell your solicitor if you receive direct contact from an insurer, defendant or claims representative. It is usually sensible to obtain legal advice before accepting an offer or signing any documents.

Regular communication helps ensure the claim reflects your current circumstances and future needs.

Be Aware Of Time Limits

Legal time limits apply to personal injury claims. In many cases, court proceedings must be started within three years of the date of the accident or the date on which the injured person first became aware that the injury may have been caused by negligence.

Different rules may apply where the injured person is under 18 or lacks mental capacity. There are also other exceptions and circumstances that can affect the deadline.

Because time limits can be complicated, it is advisable to obtain legal advice as early as possible. Early contact may also make it easier to preserve evidence and locate witnesses.

Ask Questions Throughout The Process

You should feel able to ask questions at every stage of the claim. A specialist solicitor should explain developments clearly, discuss important decisions and ensure you understand the available options.

You may wish to ask how often you will receive updates, who will handle the day-to-day work and how the solicitor will communicate with you. Where necessary, reasonable adjustments should be made to support communication and understanding.

Instructing a solicitor means giving them authority to act on your behalf, but important decisions should still be discussed with you or the person properly appointed to represent you.

Speak To Grieves Solicitors

If you or a family member has suffered a brain injury because of another person’s negligence, Grieves Solicitors can discuss the circumstances with you and explain the possible next steps.

Our team understands that the effects of a brain injury can reach far beyond the initial accident. We approach every enquiry with care, sensitivity and a commitment to clear communication.

Contact Grieves Solicitors to arrange an initial discussion about your potential brain injury compensation claim. We can help you understand your legal options and decide how best to proceed.

Our caring and supportive team are here to listen and advise on 0800 0747 644. Or you can complete a Free Online Enquiry to set up a free consultation or tell us more about your story.

Here at Grieves Solicitors, Personal Injury Specialists, we offer a no win, no fee solution to funding your claim (a conditional fee agreement) which means that you do not have to worry about legal costs and expenses.  You can read about our no win, no fee agreement here.