Brain injury claims. A niche personal injury practice focused on catastrophic and neurotrauma claims

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1 Brain injury claims As specialist brain injury lawyers we are renowned for our experience in dealing with these complex claims. We focus on your claim and what you need in the early days after a serious accident. We will obtain interim payments, set up a proper care regime and gal claims A niche personal injury practice focused on catastrophic and neurotrauma claims The Legal 500 ensure that your financial future is guaranteed. Member of Headway s Personal Injury Solicitor List Freephone

2 Introduction Contents Our brain injury work Case study: Road traffic accident The claims process Meet the team Specialist brain injury solicitors Our brain injury team at Field Fisher Waterhouse deals with complex and catastrophic brain injury claims I m Jill Greenfield, the head of the brain injury team at Field Fisher Waterhouse. We are one of the UK s leading departments of brain injury solicitors. We have a dedicated team of brain injury specialists who have been dealing with complex and catastrophic brain injury claims for many years. We focus on our clients needs and their rehabilitation. Each case requires a different approach and so we work closely with you and your family to find out what is best for you. At the end of a case we want to be able to guarantee your financial security and to ensure that you have the best possible care and support in place. We know it can be daunting to contact a solicitor and we promise to make the legal process as straight forward as possible. We will: visit you at home or at hospital obtain swift interim payments set up a rehabilitation regime ensure the litigation is smooth and that you recover the best possible award We conduct our brain injury claims on a no win, no fee basis We have links with Headway, the brain injury charity, and are on its list of recommended solicitors. If you want to discuss a brain injury claim, or want more information about the claims process, call me on or me at Jill Greenfield Head of Brain Injury Unit Field Fisher Waterhouse

3 Our brain injury work Freephone Our brain injury work An outstanding outfit staffed by extremely impressive practitioners Chambers UK 3 Your claim Our team is committed to ensuring that we deal with your brain injury claim as quickly as possible. We will obtain compensation for all your rehabilitation, housing, care and education needs. We appreciate the difficulties that many brain injury victims and their families face and ensure that we take the pressure off you and your family. Your claim No financial risk One of the first things we will cover with you is the question of funding as we know that this is an important consideration. There are many funding options available and we pursue most cases on a no win, no fee basis. This means that there is no financial risk to you. No win, no fee Rehabilitation Rehabilitation is one of the most important things that your solicitor will address. It is not good enough simply to seek to recover a large sum of money at the end of the claim. We ensure that proper medical care and support is in place during the course of the litigation and thereafter. Rehabilitation Interim payments Our lawyers will seek to obtain an interim payment at an early stage after the injury depending on the facts of the case. We will also organise the appointment of a case manager to ensure that your care and medical needs are met. Payments International practice We pursue brain injury claims for people who live all over the UK and internationally. We will visit you at home or at hospital, wherever you live. We don t expect you to come to our offices. UK & abroad Approved solicitors We are recommended by the brain injury charity Headway on its list of approved solicitors. We are also on the approved lawyers list for the United Kingdom Acquired Brain Injury Forum (UKABIF), a charity that promotes the understanding of all aspects of acquired brain injury. Charity Caring for our clients Commitment to our cases Cutting edge expertise

4 I would like to congratulate you and your team for such a speedy and favourable outcome. It has been great knowing you as a person and a professional. Our client s parents

5 Road traffic accident Freephone Case study More than 5 million for a young girl with a brain injury sustained in a car accident 5 We were instructed by the parents of a young girl who had been involved in a very serious road traffic accident and suffered severe brain damage. Our client was 14 when Jill Greenfield was instructed. This was 12 years after the accident had occurred. The matter had been pursued for 12 years previously by alternative solicitors who had not brought it to a successful conclusion. At the time of instruction our client was attending a school that a number of experts felt did not meet her needs. Before our instruction, an agreement had been entered into with the defendants that our client would not move their daughter to another school before a hearing in relation to her education needs had taken place before the High Court. Jill Greenfield negotiated a settlement of more than 5 million for our client when she took over the claim from another firm of solicitors There was effectively an injunction in place that meant our client could not move schools. We felt this tactic was being used by the defendants to ensure that they would not have to pay the cost of specialist school fees, which would inevitably be more expensive. When Jill took over the claim she challenged the view that our client was not allowed to move schools. The day before the case was due to go on trial the defendants agreed to lift the court order preventing our client from changing schools. They also agreed to provide an interim payment of 50,000. This allowed us to move our client to a more suitable school that provides high-quality education, therapy and care but which specifically takes into account her acquired brain injury. Our client is very happy at her new school and the indication is that she is making excellent progress. In addition, in just over a year from instruction, the matter was brought to a successful conclusion. Our client received, when capitalised, a sum in excess of 5 million. Caring for our clients Commitment to our cases Cutting edge expertise

6 Pursuing a claim The claims process There are a number of key elements when pursuing a brain injury claim If your brain injury was caused as a result of someone else s actions, you may be entitled to pursue a civil claim for damages. This claim may provide you with a lump sum or periodical payments, for example, for rehabilitation, the cost of care and to replace lost earnings. This may enable you to improve your quality of life by allowing you to access specialist services that will help you to adapt to the realities of living with a brain injury. The following outlines the legal process in making a claim for damages. Negligence To pursue a successful claim, we need to establish that there has been a breach of the duty of care owed to you. We must be able to show that, for example, the car driver made a mistake that was negligent. 1 Are there time limits? You have three years from the date of an accident to formally instigate proceedings. The court has power to override the threeyear limitation period but this is rare. 4 Causation We must prove that your brain injury was caused by the accident. We must show that the harm was caused by or materially contributed to by the accident. 3Once we have established breach of duty of care and causation, we will be able to quantify your claim, that is establish how much damages you should receive. Breach of duty The facts of each case must be examined carefully. We have wide experience in investigating all types of accidents to ascertain whether the perpetrator was at fault. Establishing breach of duty of care is 2often the most difficult aspect of the claim. Funding We know legal costs can be a real concern when you are considering bringing a claim. There are several options available to you and once we have more information about your circumstances, we will advise you as to 5the best method of funding available to you. Criminal injuries If you have suffered an assault, your claim may be to the Criminal Injuries Compensation Authority (CICA). This is a Government funded scheme, which provides financial support to the victims of crime. Our lawyers 6will ensure that your claim is properly valued by the CICA. Complex claims Most brain injury claims are very complex and will take a number of years to complete. We will need to properly assess the effect of the brain injury in order to ensure you receive adequate compensation. 7If you need treatment, care or rehabilitation in the short term, we will make sure that you receive an interim payment to access any specialist services that you need.

7 The team Freephone Meet the team Our brain injury team specialise in complex and catastrophic claims 7 Jill Greenfield Head of Brain Injury Paul McNeil Partner Samantha Critchley Partner Jill has 18 years experience acting for claimants and is head of our brain injury and spinal injury unit. Jill is recognised by Headway (the brain injury association) and various legal directories as a leading lawyer and specialist in dealing with such claims. Jill is a member of the Association of Personal Injury Lawyers (APIL). Richard Earle Senior Associate Paul heads the personal injury and medical negligence department and has specialised in brain injury claims for over 25 years. Paul has acted on behalf of victims involved in the Clapham, South Hall, Ladbroke Grove and Potters Bar rail accidents. Mark Bowman Senior Associate Samantha has over a decade of experience acting for claimants in medical negligence claims. She has expertise in acquired brain injury cases involving adults and children. Samantha is on the Action against Medical Accidents (AvMA) specialist panel and an Association of Personal Injury Lawyers (APIL) member. Sarah Saldanha Solicitor Richard specialises in brain injury claims and is a member of Action against Medical Accidents (AvMA) and the Law Society s Clinical Negligence (and Personal Injury) Panels. Mark pursues cases on behalf of brain injury victims of accidents and medical negligence. A member of the Law Society Clinical Negligence Panel, Mark is also a senior litigator at the Association of Personal Injury Lawyers (APIL). Sarah trained at Field Fisher Waterhouse and joined the brain injury team when she qualified in Sarah advises on a variety of claims involving brain damage, including road traffic accidents and medical negligence claims. Caring for our clients Commitment to our cases Cutting edge expertise

8 Freephone Vine Street, London, EC3N 2PX Ibex House, The Minories, London, EC3N 1HP Postal address: PO Box 732, London, EC3N 2AA Brain injury le Caring for our clients Commitment to our cases Cutting edge expertise

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