Traumatic injuries to the brain can cause serious damage to people’s lives and the lives of those around them. When the unexpected happens, and you get a brain injury because of the negligence of another person or party, you could be entitled to make a compensation claim.
During this tough time, you must get expert personal injury legal advice to access the funds you need to get your life back on track. For nearly three decades, Splatt Lawyers’ team of brain injury compensation lawyers have been helping everyday Queenslanders with severe injury access their legal entitlements, 100% no win, no fee. Our experienced team will chart the most effective legal strategy to get your desired result. It’s free to know where you stand.
Regardless of how your brain was injured, if another party or person was partially or full negligent, you may have an opportunity to be compensated.
The compensation you receive is calculated based on your injury and circumstances. The amount is based on how much your predicted life path has altered before and after the incident. These calculations consider losses incurred by your inability to work and the ongoing care, assistance and equipment you may require for the rest of your life.
Splatt Lawyers’ serious injury legal team will work to understand your unique circumstances and explain the factors that impact your opportunity to claim compensation.
Brain injuries can cause lasting damage to your health and well-being. They can lead to serious physical and mental disabilities, costing thousands of dollars per year for treatment and rehabilitation. Compensation for damage to your brain can include several considerations, including:
If you can seek compensation, your case’s legal process 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 make a damages claim under common law. Understanding your entitlements is complex, and you will need the support of an experienced injury lawyer. Fortunately, it costs nothing to know where you stand when you contact Splatt Lawyers for your free legal assessment. Call 1800 700 125
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 starting action as soon as possible. Settling a claim can be less complex if the issue is lodged closer to the date of the incident.
A brain injury can be a life-changing event, no matter the severity or scale of the injury. Compensation cannot repair or reverse the damage, however, it can, to some extent, support the impacted person and their family to move ahead with their lives. You are likely struggling to earn an income at this challenging time, but you must have an effective legal intervention to access all your entitlements.
This is why Splatt Lawyers provide all our personal injury legal services on a 100% No Win, No Fee basis. Our No Pay legal funding means you pay no upfront or ongoing legal costs. Not even for professional assessments and medical reports. Pay legal fees only when we win your case, and pay nothing if you lose. There are no hidden fees or charges. You have no financial risk. It’s our No Win, No Fee, No Risk guarantee.
Whether you are a driver, pedestrian or passenger, motor vehicle accidents and road incidents are a leading cause of head trauma and brain damage injury. A collision often results in a sudden impact on the body or head, leading to a force on the brain. The common types of road accident trauma include:
Concussion – Severe concussion often leads to loss of consciousness. If you feel confused or dizzy, you could have a mild concussion.
Contusion – Your brain is bruised either on one or both sides. Brain swelling and pain can be associated with contusions and often require surgery.
Diffuse Axonal – Severe rotation or shifting of the head results in a tear of the brain fibres that has side effects like migraines, acute headaches, and sometimes memory loss. Coma and death are other outcomes in extreme cases.
Penetration of the brain – Some brain injuries are hard to diagnose, but penetration is evident. An object pierces the brain. Blood loss has serious consequences, and urgent medical care is required.
Acquired Brain Injury – This is when brain damage is not directly related to the accident’s impact. For example, blood loss from trauma to the body leads to brain damage.
In Queensland, you have the legal right to a safe workplace. Accidents in your workplace or work-associated travel can lead to brain trauma. If this is your situation, you could have a workers’ compensation claim and a damages claim under common law. Head injuries at work often happen due to the following:
Brain injuries are not always simple to identify. Your symptoms may be mild, and you associate them with something else. For example, you feel dizzy and disoriented and think you might have the flu. For any impact on your head, you should be assessed by a doctor immediately. Swelling in the brain can take time to develop and seriously impact your health. Getting prompt, reliable medical evidence will be essential to the success of your case.
There are many ways you can slip and fall and hit your head. These accidents can happen in your workplace, inside a shopping centre, while walking on a footpath, because of an assault and many other circumstances. However, your brain is harmed, any impact on your head can be severe. Please speak with our personal injury lawyers 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. If you have been damaged due to another person’s negligent action or inaction, seek expert legal advice to understand your rights.
Motorbike 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.
If your brain damage stops you from working again in your usual occupation, you could also access the TPD insurance benefits contained within your Superannuation policy. To have a successful TPD claim, you do not need to establish who was responsible for your accident or how you acquired your brain injury. It would help if you showed you could not work anymore because of your physical or mental condition. TPD payouts can be substantial and often take less time to settle than other legal claims. If you contributed to more than one super fund throughout your work, you might also have more than one claim. Our TPD claim lawyers will help you know what you can claim, how much your compensation is worth, and the time it would take to get your TPD payout.
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:
An acquired brain injury is 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.
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:
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:
It costs nothing to understand your legal circumstances and if you have a valid case. Contact our personal injury law firm now for your free case review – Call 1800 700 125
Our friendly and knowledgeable personal injury lawyers are here to help. If you’ve been harmed due to someone else’s negligence, we’ll take care of everything for you. You don’t pay us anything unless we win your case. And even then, our fees are reasonable. Getting your life back on track starts by contacting us now. Call Us – 1800 700 125.
If your brain injury has been caused by another person’s carelessness, mistake or deliberate actions, then you might have a compensation case. It costs nothing to be sure. Contact one of our skilled severe injury lawyers for your free case assessment.
The company or person who caused your injury by negligence usually has insurance coverage. In most cases, we are claiming against this insurance company.
Compensation claims for brain injuries can be long and complex as they involve several 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. You must seek informed legal advice as soon as you can following your incident.
Not only will you start the brain injury claims process sooner, but the actions you take now can also impact the compensation you receive later.
All brain damage cases differ, and so do their settlement amounts. Your compensation payout is based on the extent to which your life has altered and the costs associated with returning you to your everyday life. Compensation for brain injury claims can be considerable. Once your compensation lawyers understand the circumstances of your case, they can give you an estimate of what you might expect.
Yes, there are legal time limits for lodging a brain trauma claim. The deadlines for your case can depend on how you were harmed. Please seek advice as soon as you can. Missing your deadline means you may be stopped from seeking compensation.
The cost of your case depends on your injury’s severity and the volume of work required to reach settlements. The good news is that Splatt Lawyers are QLD no win, no fee, no risk solicitors. You only pay our fees and costs if you win and nothing if you lose. This includes disbursement costs, and there are no hidden fees. You have no financial risk for your case. So get started now. Your case assessment is free.
Splatt Lawyers are one of Queensland’s leading no-win, no-fee compensation law firms. When you choose our experienced injury solicitors to manage your case, you can access over 28 years of legal expertise. You can relax knowing your legal matter is in safe hands.