What To Expect From The Claims Process

There are a number of different steps every brain injury claim will go through. Due to the complexities of brain injury cases, claims can take years to settle. A good solicitor will be by your side through every stage of the claims process.

After your initial consultation, your solicitor will establish if you (The Claimant) have a strong enough case against another party (The Defendant) for them to progress your claim. If they are willing to take on your claim, you can choose to ‘instruct’ them to act on your behalf.

If your claim is turned away by a solicitor, you can continue to speak with other firms who may be able to pursue your claim. As brain injury cases can be especially complex, it is best to speak with a brain injury specialist who truly understands the nuances of brain injury.

When your case has been taken on by a solicitor, they will establish exactly what and who was to blame for your injury. Solicitors regularly liaise with medical experts, eye witnesses, emergency services, health and safety executives and expert witnesses to give them a full picture of the circumstances surrounding your injury.
Your solicitor will then explore exactly how your injury has impacted your life and the lives of those around you. They regularly work with independent medical experts to better understand the complexities of your injury.

Having a good upstanding of your injury, your prognosis and your ongoing needs allows your solicitor to work out exactly what support you will require to make the fullest possible recovery.

At this stage your solicitor will calculate what level of compensation they think you should receive based on their earlier assessments and similar cases. A good brain injury solicitor will seek a claim amount which will not only compensate you for your loss, but allow you the best possible prognosis and quality of life after injury.

As well as seeking compensation for the injury itself, you may be able to claim money for past and future expenses. Brain injury claims regularly take loss of earnings, medical costs and travel costs into account.

When your solicitor is confident they have the strongest possible case, they will pursue The Defendant for the full value of your claim. While disagreements about the value of a claim are common, many cases are settled out of court. If The Defendant does not agree to pay the requested amount or admit liability, then your case may go to court. If this happens the outcome will be settled by a judge.

The right solicitor will support you through every stage of the claims process and will very often seek to support you after your settlement wherever they are able. Your initial consultation is a great opportunity to ask your solicitor any questions you may have about the claims process.

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