Brain Injury - Why Our Experience Will Give You More Than Compensation
Every year at Headway, the Brain Injury Association, they compile a list of specialist personal injury lawyers who are experienced enough to be accepted on their panel. The reason for the panel is that not all lawyers are the same and it is easy for the victim of brain injury to find themselves represented by an inexperienced lawyer.
The thing about a brain injury, as anyone who has ever known a victim well will understand, is that sometimes it is hard for outsiders to see the damage that has been done. For the victim's family and carers, it is often only behind closed doors that the change of personality, aggression, lack of awareness and empathy create a daily sense of bereavement even though the loved one is still amongst the family.
At Metcalfes, the brain injury claims team is led by Kay McCluskey and Steve Duddell who each have over 25 years of experience in catastrophic injury claims.
When it comes to very serious brain injury, being able to deal with the behaviour of the victim may be the greatest challenge; the legal issues can often be the easiest part of the matter to deal with for experienced lawyers like Kay and Steve. Anyone who has had to care for someone, particularly with a frontal lobe injury will know the effects of disinhibition, for example, but Kay and Steve know that experience, patience and understanding go a very long way to being able to help those who need it.
Anyone who thinks that dealing with a brain injury case is a matter only of legal expertise is therefore missing the major difficulties that brain injury claims produce. It is a sad truth that many law firms will take on a brain injury case because they can see that they can achieve high fees but, if the victim of an injury cannot remember what happened, or believes that something quite different happened to them than the witnesses say; bringing a case needs some quite rare specialist skills.
The important thing is not to trust a head injury claim, even a seemingly minor head injury, to an inexperienced lawyer. Headway recommend that a victim or their family should see three head injury specialist lawyers before making a choice. They say this for a reason. Having someone of the right personality, with enthusiasm and empathy is as important as having someone with the right qualification.
Damages for injury are not paid without a fight. The compensation, often running into millions, may sound like "lottery money" but the calculation is made on the basis of careful assessment of need.
But what compensation can really make up for problems such as memory loss, aggression, fatigue, inappropriate behaviour, confusion, lethargy - the typical "Jekyll and Hyde" behaviour of a brain injured person? The fear that the house will burn down if the person is left alone; the frustration of the victim in not being permitted to be on their own when they are desperate for independence; the agonising loss of a person who is there in body, but not in spirit: these are familiar scenarios to Kay and Steve.
If you have read this far then you have probably worked out by now that we know what we are talking about and we are here to help.
The fact that Headway place us on their panel should give you the reassurance that we know what we are doing. Speaking to us will give you the certainty that we care about what we do. Also, all this expertise costs you nothing as claims are either made on a "no win, no fee" basis or under an insurance policy. 100% damages will be paid in all successful cases.
Email Kay on kmccluskey@metcalfes.co.uk or call on 0117 94503020
Email Steve on sduddell@metcalfes.co.uk or call on 0117 9453034
Contact
Kay McCluskey Head of Personal Injury
Steve Duddell Partner
Nikki Taylor Member of the Institute of Legal Executives
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This article summarises the law on issues which we believe may be of interest to your business. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published. This document is provided for information only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.