If you acquire a traumatic brain injury due to the negligence of others, you may be eligible to make a personal injury claim for your financial loss.
Traumatic brain injuries (TBI) and acquired brain injuries (ABI) can severely disrupt your daily life and often stop you from working and earning an income.
Our brain injury compensation lawyers provide legal advice for compensation claims on a 100% no win, no fee basis. Pay when you win and zero if you lose. Call 1800 700 125
Brain injuries can cause lasting damage to your health and well-being. They can lead to serious physical and mental disabilities, with significant treatment and rehabilitation costs.
Regardless of how your brain was injured, if another party or person was partially or fully negligent, you may be eligible to claim compensation.
Splatt Lawyers’ serious injury legal team will seek to understand your unique circumstances and explain the factors that impact your opportunity to claim compensation.
Our brain injury compensation lawyers explain the legal process and your rights.
A brain injury can be a life-changing event, no matter the severity or scale of the injury. Serious injury compensation cannot repair or reverse the damage; however, it can, to some extent, support the impacted person and their family in moving ahead with their lives. If you can’t work, you likely can’t afford legal fees.
Fortunately, Splatt Lawyers provides all our personal injury legal services on a 100% Win, No Fee basis. Our No Pay legal funding means you pay no upfront or ongoing legal costs, including the cost of professional assessments and medical reports. Pay when you win and zero if you lose. It’s our No Win, No Fee, No Financial Risk guarantee.
The amount of compensation you receive for brain damage is calculated based on the severity of the condition and the circumstances.
Compensation calculations consider how much your predicted life path has altered before and after the incident, including losses incurred by:
In Queensland, head and brain injury compensation considers both past and future economic and non-economic losses, including the following:
If you can seek compensation, the legal process for your case depends on your accident type. When you have a work-related acquired brain injury, you could receive payments under a scheme like WorkCover, but you could also claim damages under common law.
A personal injury lawyer can advise which legislation applies to your circumstances and if you qualify to claim compensation.
Splatt Lawyers offers a free case review that can explain your rights and entitlements. Call 1800 700 125
Whether you are a driver, pedestrian, or passenger, motor accidents are a leading cause of head and brain injuries. If an accident involving a vehicle caused your head injury, you could be eligible to claim compensation. The common types of road traffic accident trauma include:
A workplace accident or work-related travel can lead to brain trauma. If this is your situation, you could claim workers’ compensation benefits and make a common law claim for employer negligence. Head injuries at work often happen due to the following:
Any impact on your head should be assessed by a doctor immediately. Swelling in the brain can develop over time and have a serious impact on your health. Typically, reliable evidence, including medical records, will be essential to achieving a successful outcome.
There are many ways you can slip and fall and hit your head. Public place accidents can happen inside a shopping centre, while walking on a footpath, because of an assault, and in many other circumstances. Ask our personal injury lawyers for public liability claim advice to understand who is liable for your damage.
People riding a scooter or bicycle on a footpath or road are vulnerable to injury. Even if they wear a helmet, a sudden impact on the head can still cause brain trauma.
However your accident happened, you have the right to seek legal advice regarding your situation.
Motor cycle riders travel at speed without the protection of a vehicle around them. If they leave their bike due to a sudden impact, a helmet provides limited protection against a firm and sudden force on the head.
However your accident occurred, a motorcycle accident lawyer can explain your rights.
Medical negligence can lead to devastating brain injuries. Such injuries can happen when healthcare professionals fail to provide the standard of care expected, resulting in harm to the patient. Typical scenarios include surgical errors, misdiagnosis, delayed treatment, or improper administration of anaesthesia.
Note: Splatt Lawyers do not provide advice for medical negligence claims.
If brain damage stops you from working again in your usual occupation, you could access the TPD insurance benefits contained within your superannuation policy. You do not need to prove who was responsible for your accident or how you acquired your brain injury to have a successful TPD claim.
Our TPD claim lawyers can help you determine your eligibility to receive a TPD payout.
Strict time limits apply for brain injury compensation cases. In general, you have three years from the date of your incident to begin proceedings. You have nine months from the accident date to advise the other party of your intent to pursue legal action.
Once you engage a lawyer, you must notify the other party within one month (whichever period is less). If you think you have a valid case, we advise seeking advice as soon as possible. Settling a claim can be less complex if the issue is lodged closer to the date of the incident.
Brain and head injuries can arise in various circumstances, and the damage and impact on someone’s life can be just as varied. Statistics in Queensland show that men are more likely to sustain a head or brain injury than women and are often in a younger age range. Possibly, this is due to more high-risk behaviour. There are three major kinds of brain injuries:
Acquired brain injury refers to any brain damage after birth, including brain trauma resulting from a disease, an infection, a blow to your head, or lack of oxygen. Some of the common causes of brain injury include:
The harm from an acquired brain injury can range from severe to moderate. In the case of mild brain damage, the person who is injured may not notice a significant change. Instead, family and friends will become aware of a personality change and their ability to recall, process or learn information.
Traumatic brain injury is broadly considered to be a type of acquired injury. This damage occurs when an external force strikes the head and the brain slams against the inner side of the skull.
This impact causes a physical injury to the brain, including swelling, bruising, bleeding, tearing or twisting of the tissue. The outcomes for this type of injury are varied. The impacted person may lose consciousness for a period; alternately, they may experience long-term loss of consciousness or coma.
Total or partial oxygen deprivation to the brain can result in hypoxic or anoxic harm to the brain. This type of injury is common in drug use, drowning, strokes, severe asthma and suffocation cases.
To have a successful brain trauma compensation claim, you must show the following:
Evenly if you are partly at fault for your incident, you can still have a successful case, including circumstances like:
If you have had an impact on your head and brain, you should seek a medical evaluation as soon as possible. Some brain injuries take hours or days to develop, so you may have no immediate symptoms. Some common symptoms include:
Our QLD personal injury lawyers explain your right to pursue common law damages when the negligence of others causes a head injury and brain damage. If this is your situation, please seek legal advice to find a path to justice.
In Queensland, you could have the right to make a common law claim to cover medical expenses, pain and suffering, lost wages, and more.
Splatt Lawyers advises on a 100% no win, no fee basis, which means you have no financial risk. Pay when you win and zero if you lose. It’s free to be sure. Call Now: 1800 700 125.
Splatt Lawyers provides legal advice for head and brain injuries from ten QLD-wide locations.
If your brain injury has been caused by another person’s carelessness, mistake or deliberate actions, then you might have a compensation case.
Our severe injury lawyers offer a free case review that can explain if you have a valid claim.
The liable company or person who caused your injury by negligence usually has insurance coverage.
In most cases, you seek damages against this insurance company.
Compensation claims for brain injuries can be lengthy and complex, involving multiple legal and medical factors.
The time to reach a successful outcome depends on the severity of your brain damage and the complexity of your case.
All brain damage cases differ, and so do their settlement amounts. A compensation payout considers the extent to which your life has altered and the costs associated with returning you to your everyday life.
A QLD personal injury lawyer who understands the circumstances of your case could explain potential outcomes.
There are strict legal time limits for lodging a brain trauma claim. The deadlines for your case can depend on how you were harmed.
However, the time limit for common law claims if three years from the accident date.
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