The Claims Process

Assessing your claim

We will firstly discuss the circumstances of the accident. This will involve an initial assessment as to whether someone else caused the accident.

Time Limits

Claims can generally be pursued within 3 years of the date of the accident. In the case of children, the 3 year time limit runs from the 18th birthday. It is however imperative that you seek early legal advice on pursuing any claim to ensure that evidence is obtained as soon as possible.

Assessment of the merits of the claim

We will have to prove that someone else was at fault for the accident. A claim may be presented following any one of the following types of accident

  • Road traffic accident/pedestrian accidents/motorcycle accidents
  • Medical accidents
  • Works accident
  • Slips or trips
  • Assaults

It will usually be necessary to obtain the following evidence as soon as possible:

  • Police report
  • Witness statements
  • Medical records
  • Statements from the family

Contacting the insurer

After we have met with you we will then send a letter of claim to the insurance company who insure the person who caused the accident. The insurer will then commence their investigations and form a decision on either accepting or rejecting liability.

If your injuries were caused following a road traffic accident and the person who caused the accident was not insured, the claim can still be pursued. The Motor Insurers’ Bureau (MIB) pays compensation to those involved in accidents with uninsured and untraced drivers (hit and run).

Convincing the insurer to fund rehabilitation

Once the insurance company are identified, they will be asked to pay for a case manager to be instructed under the Rehabilitation Code of Best Practice to prepare an assessment of the immediate needs. A case manager will be able to meet with you and assess those needs and prepare a report. This might include identifying care needs, adaptations for the home, specialist equipment and treatment. The insurer will be asked to then fund the cost of the recommendations.

It is often in the insurers interest to assist in maximising a full recovery or minimising the overall effects of an injury as soon as possible.

Obtaining the evidence

Statements will be obtained to establish the effect of the accident on someone with an acquired brain injury. Statements will deal with:

  • What was a person like before the accident
  • What were they like after the accident
  • What are they like now
  • Care regime required
  • Future care requirements
  • Physical and cognitive impairments
  • The impact on the family
  • The accommodation and whether it is suitable
  • Impact on lifestyle
  • Past employment and future prospects.

At Head Injury UK we have assisted many thousands of people with bringing claims for compensation. As specialist solicitors we have a thorough understanding of the legal process. You can be assured your claim will be dealt with by experts so you can concentrate on recovering from your injuries.

To contact a member of the Head Injury team please call us on: 0800 073 0988 or Email: