Brain and Head Injury FAQ s
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1 Brain and Head Injury FAQ s How long have you undertaken brain injury work and how many cases are you handling at the moment? The specialist lawyers at Bindmans have been handling Brain Injury and Head Injury cases for more than 20 years and have a wealth of experience. A substantial proportion of the caseload of each of our senior solicitors involves brain injury work. Your case would be allocated to a senior solicitor within our team. Please feel free to ask that solicitor how many brain injury cases they are handling at that time. In order to ensure that these complex cases receive the attention they require, we ensure that our solicitors run small caseloads. What proportion of your present workload is in brain injury? What does the balance of your work comprise of? Our Personal Injury and Clinical Negligence team specialises in high value and complex personal injury, accident and clinical negligence compensation claims. We have particular expertise in compensation claims involving brain injury. Please feel free to ask the solicitor who will be handling your case for the precise proportion of their present workload which involves brain injury. Usually, however, over half of the work of our senior solicitors will be devoted to preparing cases for brain injured Claimants. Who will be dealing with my case? Your case will be handled by a specialist solicitor who is experienced in dealing with brain injury work. He or she will deal with your case personally. The specialist solicitor who will be dealing with your case will be a senior solicitor from our team. The solicitor will be assisted by other members of the team from time to time but all the key steps will be taken by your solicitor and he or she will be available for you when needed. Do you belong to the Association of Personal Injury lawyers (APIL) Do you belong to the Law 1
2 Society s Personal Injury Panel? The memberships and qualifications of each of our solicitors can be viewed on their individual Profile pages on our website. You will see, however, that our team includes solicitors who are both members of APIL and the Law Society s Personal Injury Panel (now called the Personal Injury Accreditation Scheme). Our team of solicitors also include members who are on the Clinical Negligence Panel (now known as the Clinical Negligence Accreditation Scheme). Our firm is also a member of AvMA (Action Against Medical Accidents) and the team includes a member of the AvMA panel of recommended solicitors. When will you be able to apply for an interim payment? In cases where liability is admitted we obtain interim payments to allow you to buy properly adapted accommodation, equipment and pay for much needed care. What are the options for funding the case? We offer a range of funding options to simplify paying for your case and maximise your compensation. We provide initial advice entirely free of charge and ensure that our clients have, at the outset, a clear assessment of their claim and the prospects of success. A full description of the different ways a case can be paid for can be found on our Legal Costs page Are you prepared to visit us at home if necessary? If you have difficulties travelling to our office in central London or would feel more at ease in your own surroundings we would be happy arrange a convenient time to visit you at home. Can we phone you if there are any problems? Yes you are welcome to call us to discuss your case. We will also provide you with a contact to speak to if your solicitor is absent - even solicitors fall ill or have holidays - so you can be confident that in these circumstances, there is someone who can take your enquiries and address your concerns. 2
3 Will you keep in regular contact with us, and how will this be done? Yes, we will keep in contact with you on a regular basis so that you are fully aware of the progress of your case. Our solicitor will be writing to you and ing you on a frequent basis and will be very happy to speak to you in person or over the telephone whenever complex issues need to be discussed. We will also give you a detailed update in writing summarising developments in your case every six months and setting out our plans for progressing your case over the next six months. At the same time we will provide you with a costs update. We are happy to keep in contact by telephone, and by writing to you whichever is convenient for you. Do you have links with your local Headway groups? Our Siobhan Kelly is a Trustee of the the Headway Northwest London branch. We have been listed in the Headway Personal Injury Solicitors list in recognition of our expertise in this field for over 10 years. All our solicitors are members of Headway. Do you have experience of working with brain injury professionals? Our years of experience in dealing with head injury claims has helped us to build a directory of trusted medical professionals and experts who specialise in identifying and quantifying our clients needs for care, equipment and help in returning to work.. Our Lynn Knowles and Jon Crocker have also acted in the capacity of Deputy for clients who have received substantial damages for over 10 years. They have developed strong working relationships with many case managers and therapists during this time. (A deputy is someone who is appointed by the Court of Protection to oversee the management of the financial affairs of someone who lacks the capacity to do so themselves.) Due to the level of our expertise in brain injury work we have also negotiated an exclusive arrangement with a leading case management company which enables our clients to benefit from an initial assessment of their needs free of charge at the outset of their claim. We also work with case managers to advise on equipment, care and vehicles. 3
4 On average, what settlement do you achieve for your clients and what investment advice do you give? Over the past 30 years we have helped thousands of people and obtained millions of pounds in compensation. The level of awards vary from client to client according to the gravity of their head injury, the level of care they require and the extent to which they are able to resume employment. Once your compensation award has been finalised we can refer you to investment fund managers and firms of independent financial advisors who are recognised as leaders in their field. They will be able to provide appropriate advice. We will usually refer you to two or three firms of advisors who can explain to you the services they can offer and you can then decide which firm would be the most appropriate for your needs. Where a client may lack capacity to manage their financial affairs we will let you know if a Deputy needs to be appointed and will guide you through the process of ensuring that an appropriate deputy is appointed. During the course of the case, our clients may also wish to set up a Personal Injury Trust to protect their entitlement to state benefits and we can again put you in touch with firms who will be able to provide this service for you. Would you be happy for us to take up a reference in relation to your ability to handle my claim? We would be happy to provide you with references from our many satisfied clients or professionals specialising in brain injury work. 4
5 For more information contact: Jon Crocker Partner, Clinical Negligence and Personal Injury T: +44 (0) E: BINDMANS LLP T: +44 (0) F: +44 (0) E: KING S CROSS 236 Gray s Inn Road London WC1X 8HB CANARY WHARF Level 18, 40 Bank Street London E14 5NR Bindmans LLP Bindmans LLP has taken all reasonable precautions to ensure that information contained in this document is accurate, but stresses that the content is not intended to be legally comprehensive. Bindmans LLP recommends that no action be taken on matters covered in this document without taking full legal advice. 5
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