Head & Brain Injury Claims — Scotland

For many people who suffer a serious head or brain injury, the damage it causes will mean life will never be the same. If your injuries were caused due to the negligence of others, you may be entitled to make brain injury claims for compensation.

Made It Very Easy For Me

"I was very apprehensive starting a claim, but I was helped through every step. I found it a very easy process and was very pleased with the outcome. Watermans were professional and efficient in handling the claim. They made it very easy for me!"

S Costelloe, Personal Injury Claim

The Short of It

  • Sustaining a head or brain injury

    can have a dramatic effect on your life and the lives of those around you.

  • Head and brain injuries

    can occur at work, in road traffic accidents, or as a result of medical negligence.

  • Watermans employ skilled solicitors

    with expertise in serious head and brain injury claims to help you to reach the personal injury claim resolution you deserve.

  • Everything we do at Watermans

    is about getting you the resolution you need and providing straightforward legal advice. It should be that simple.

  • Long of It

    Head and Brain Injuries

    Head and brain injury claims

    Sustaining a head or brain injury can be devastating, and that is why you need the support and guidance of a personal injury solicitor you can rely on to help you make a successful brain injury compensation claim.

    Injuries to the head and brain can be caused in different incidences, like:

    • In road traffic collisions
    • As a result of medical negligence
    • In workplace accidents

    Head injuries can vary in severity, from mild concussions to permanent traumatic brain damage, which can change people’s lives dramatically.

    Watermans understands the severity of injuries like these, and our specialist brain injury solicitors have the skills and expertise to handle your traumatic brain injury compensation claims and seek the result you deserve.

    Common brain and head injury claims in Scotland

    Our head injury solicitors have helped countless brain injury survivors navigate the legal process of claiming compensation for a wide range of brain injuries. Some of the most common types of head injury compensation claims we handle include:

    • Non-Traumatic Brain Injuries These are a type of acquired brain injury not caused by external force. Instead, they result from internal factors such as stroke, brain tumours, or infections. In the workplace, these injuries may occur due to exposure to harmful chemicals that can lead to brain tumours or infections.
    • Traumatic Brain Injuries – These are types of acquired brain injuries that are caused by a sudden, external force to the head, often resulting from accidents such as car crashes, falls, or assaults. Depending on how severe the brain injury is, a TBI can lead to a range of symptoms, from mild concussions to serious brain damage. Workers in the construction, manufacturing, and transportation industries are particularly vulnerable to these types of injuries.
    • Concussions – Concussions are a type of mild traumatic brain injury that can occur when the head is subjected to a sudden jolt or blow. While some concussions resolve on their own, others can lead to ongoing symptoms such as headaches, dizziness, and memory problems. Concussions can happen due to slips, trips, and falls or being hit by moving objects.
    • Hypoxic Brain Injuries – Hypoxic brain injuries occur when the brain is deprived of oxygen, often due to near-drowning, choking, or carbon monoxide poisoning. These injuries can lead to severe brain damage and long-term disabilities. Workers in industries such as construction, mining, and manufacturing may be at a higher risk of experiencing hypoxic brain injuries.

    No matter what type of brain or head injury you or a loved one has sustained, our brain injury claim solicitors are here to help you make a claim for rightful compensation.

    Making a Claim

    Who qualifies for a brain injury compensation claim?

    If you or a family member has suffered a brain injury due to an accident that wasn’t your fault, you might be wondering if you’re eligible to claim compensation. The good news is, in many cases, you are.

    To qualify for brain injury compensation awards, you must have sustained a brain injury due to the negligence or actions of another party. This can happen in various situations, such as:

    • Workplace accidents – If you suffered a brain injury while at work due to your employer’s failure to provide a safe working environment, proper training, or safe equipment.
    • Road accidents – If you sustained a brain injury as a passenger, driver, cyclist, or pedestrian in a road accident caused by another person’s negligence.
    • Public liability accidents – If you suffered a brain injury due to an accident in a public place, such as a slip, trip, or fall in a supermarket, restaurant, or a pavement.
    • Criminal assaults – If you sustained a brain injury as a result of a violent crime, such as an assault or battery.

    It is largely understood that there is a three-year time limit to make a brain injury claim for compensation. However, this doesn’t necessarily mean that you have three years following the date of your accident happening in which to start the claims process.

    In fact, you are required to have raised a court action or settled a claim for personal injury within this three-year timeframe. There are some exceptions to this rule, so we advise speaking to a personal injury solicitor at Watermans, who will be able to advise you on your best course of action.

    Our specialist brain injury lawyers are here to help you get maximum compensation, not just for the injury itself but also for the cost of medical treatment and any lost earnings, both now and in the future.

    How do I make a head and brain injury claim?

    Making a brain injury compensation claim following a serious brain injury can be challenging, and that is why you need the support and guidance of a personal injury solicitor you can rely on.

    Our expert brain injury lawyers are adept at dealing with such complex claims and will be on hand every step of the way to help you and your family deal with the trauma and get as close as possible to how life was before the brain or head injury was acquired.

    Starting your head injury claim as early as possible means that it is easier to collect the evidence needed to support your case. However, you have up to three years after sustaining a head or brain injury to raise a court action for your claim.

    Our expert brain injury solicitors operate on a no-win, no-fee basis, which allows us to investigate your claim for head injury without creating the added stress of financial risk. If we don’t win your case, you don’t have to worry about specialist solicitors fees.

    How Much Compensation?

    How much compensation can I claim for head and brain injuries?

    The head injury compensation you receive from this process will be dependent on several factors, including:

    • The seriousness of your acquired brain injury – Mild traumatic brain injuries, such as concussions, may result in smaller settlements compared to more severe injuries like a hypoxic brain injury or permanent cognitive impairment. The long-lasting damage it has done to your life, including physical, emotional, and cognitive difficulties, will also be taken into account.
    • Any current or future loss of earnings – If your brain injury has caused you to lose income, either due to time off work for recovery or a reduced ability to work in the future, this will be factored into your compensation claim until you regain mental capacity.
    • Any financial support you need to pay for specialist care or adjustments at home – You may also be able to seek compensation for any expenses related to your injury, such as therapy costs, medical bills, specialist treatment, rehabilitation costs, and any necessary modifications to your home or vehicle.

    It’s important to note that every claim is unique, and the compensation you receive will depend on your specific circumstances. Our experienced solicitors will work with you to assess the full impact of the injuries sustained and build a strong case to ensure maximum compensation is awarded.

    Use our claim calculator to get a better idea of the brain damage compensation or interim payments you might be entitled to. However, for a more accurate assessment, it’s best to speak directly with a head injury solicitor from Watermans. Contact us today by calling 0131 555 7055.

    Why Watermans?

    Why should I choose Watermans to pursue my brain injury claim?

    Watermans make legal services look and feel easy so people can move forward in life.

    Our personal injury department acts only for people who have been injured in accidents, never for the at-fault party or insurance companies that defend these cases.

    Our expert team is committed to doing everything to make the brain injury claims process straightforward for our clients following an accident. We take the hassle from you and fight each case to secure the maximum level of personal injury compensation.

    We also provide access to a range of additional services, such as physiotherapy and psychological treatment, to ensure you recover from your personal injuries as soon as possible and get your life back on track.

    Expert Personal Injury Solicitors in Scotland

    Our expertise in personal injury claims covers a wide range of areas, including accidents at work, public liability claims, road traffic accidents, fatal and serious injury claims and cases relating to child and historical abuse.

    We represent thousands of clients throughout Scotland each year, securing millions of pounds in compensation for our clients. We work on a no-win, no-fee brain injury claim basis, which means that if your claim is unsuccessful, you won’t end up out of pocket.

    Brain Injury Claims - FAQs

    Most brain injury claims are settled out of court through negotiations between your head injury claims solicitor and the defendant’s legal team. However, if a satisfactory settlement cannot be reached, the case may proceed to court.

    If your head injuries claim does go to court, your brain injury solicitor will be there to guide you through the process and represent your interests. They will prepare you for what to expect and help you present your case in the strongest possible way.

    When pursuing compensation claims for a brain injury, there must be a strong body of evidence that clearly establishes liability. Our brain damage solicitors will gather evidence to support your head injury accident claim, such as witness statements and medical records. Your solicitor may also seek out CCTV footage, police reports, and accident reconstruction experts to further strengthen your case.

    They may also work with medical experts to assess the extent of your injuries and the impact they have had on your life, both now and in the future. This information will be used to calculate the amount of compensation for a head injury you should receive.

    Normally, you have three years from the date of your brain injury to make a compensation claim. However, there are some important exceptions to this rule.

    One of the main exceptions is if your brain injury was so severe that you were unable to seek legal help because you lacked the mental capacity to do so. In other words, if your injury prevented you from understanding your legal rights or making decisions about pursuing a claim during your recovery, the three-year time limit doesn’t apply. This is a strict test, and you should not delay in making a claim to ensure that your rights are protected.

    If you’re unsure whether you can make a claim, the best thing to do is for you or one of your loved ones to talk to one of our brain injury compensation solicitors.

    The duration of a serious brain injury claim settlement varies on a case-by-case basis, as each claim is unique. Some claims may be settled within a few months, while others can take several years. Rest assured that our solicitors will provide regular updates and keep you well-informed at every stage of the process.

    Several factors can influence the duration of brain damage claims. For example, if liability is disputed or if there are multiple parties involved, the case may take longer to resolve. Additionally, the extent of your injuries and the time required for you to reach maximum medical improvement can also impact the timeline.

    The thought of legal fees can be daunting, especially when you’re already dealing with the consequences of a brain injury. That’s why we offer some free initial advice to help you understand your rights and options without any financial obligation. Our experienced head injury claims solicitors will listen to your story, assess the merits of your case, and provide you with clear, honest guidance on how to proceed.

    If you decide to move forward with your brain injuries claims, we work on a no-win, no-fee basis. This means that you won’t have to pay any upfront costs, and if your claim is unsuccessful, you won’t owe us anything.

    Looking for brain injury solicitors in Scotland to help you get the compensation you deserve? Request a callback from Watermans to start the process for your brain injury claims today.

    Get in touch with us

    Everything we do at Watermans is about getting you the resolution you need and making that process straightforward. Start the process by sending us your details below or calling us on 0131 555 7055

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    Our personal injury claims expert

    “Making a claim for compensation can be such a daunting process for people, so I try to make it as straightforward and easy to understand as I can for them.”

    Susanne McGraw, Head of Personal Injury