Claims after accident

[Braininjurysurvivor]

I’m not asking for any personal information but I’m just wondering how long it has taken people to get through a claim after an accident resulting in traumatic brain injury it’s just another thing hanging over me and for me to worry about it’s going to be a year next month since the accident that absolutely ruined mine and my family’s life any help would be appreciated thank you

[DarrenPorto]

Hi. Thinking of you and your family as you go through litigation.

I am in a similar situation as you.

It has taken 4 years from the accident to be given a court date. It really does depend on the severity of your injury as lawyers (quite rightly) argue that it can take many years before all impacts of a brain injury manifest themselves so a lengthy litigation period ensures a fair settlement when all facts/impacts are known and considered by the court.

Ask your lawyer for interim payments to ease financial stress and make sure you repeat to your lawyer how financial worries are a negative impact on your recovery and mental well being. This will be noted in your case.

If you have any questions about coping with the litigation process or specific issues to hammer home to the courts, feel free to ask.

[Braininjurysurvivor in reply to DarrenPorto]

Hi thank you very much that’s been really helpful I appreciate that

[Carik]

Hi, my son had a TBI in 2013, we had a claim through our solicitors to CICA, It’s been a really stressful time and finally went to court 5 years later however compensation although awarded still wasn’t paid until a year later and we are still waiting for a trust fund to be set up and it will be 7 years this year. We have had a constant battle with criminal injuries so it’s not an easy ride and going forward we still need a solicitor as the trust fund has to be managed by many trustees. They are paid from my sons award. It hasn’t really compensated my son in many ways as the award is mainly for future care costs and court of protection fees. Given the amount of stress this has caused my son and family I honestly couldn’t go through it again. Good luck and fingers crossed for you.

[Braininjurysurvivor in reply to Carik]

That’s sounds awful for you all I’m sorry to hear that looks like I’m on a long rocky road for this aswell then

Thank you for your message

[jeanni in reply to Carik]

Hi Carik, Sorry about your battle -we went through the same for my son. My husband and myself opened his trust fund-it cost a few hundred pounds to open with the bank and we deposited £100 in it. We were then the trustees. My son is what they call the settler. Hopefully you have a good solicitor our first one was rubbish and we got rid. You only need at least two trustees and that can be family members-bringing in outsiders always costs you money. Make sure there are not people riding on the back of his compensation to take money from the trust. It is worth it all in the end although the process is very stressful. You should be receiving interim payments to help. Hope this is if some use. Best of luck.

[Hidden in reply to jeanni]

Check your house insurance for legal cover for claims. I know mi e covered the first £100000.

[sospan]

For Me it was 5 -6 years. Even with a relatively simple car insurance injury we had in 2019 where the other person admitted fault straight away it is still ongoing and will be for some time.

There are several things to consider even if the other side has admitted liability - causation and long term effects. With a head injury, even with relatively straight forward injuries they will go back through your medical history and look for anything they can attribute dizzy spells, depression, fatigue other knocks and bumps anything to say that the symptoms was caused way back in history. It will be quite embarrassing as everyone associated with the case will see your complete medical history -

Secondly they will need to understand what the long term effects are on you and what the likelihood of a recovery will be, your earning potential and loses for the future. After a year they won't have much of an indication. In 3 years time they will know better, 5 years a much better idea.

When Veolia's insurers appoint their medical experts to assess you then you will be about a year away from the conclusion.

One odd thing you will find is that once the case is closed you will feel a sense of loss - because towards the end it will take up a lot of your time and when it ends you will miss the involvement.

[FridayS]

hi

my claim took 5 years almost to the day, and one month before the dates set for trial, to achieve a settlement. As others have said, both your team and the defence will want to see the long term impact of your injury. That means that, in the latter stages before trial, you will be seen again by your medical experts and those for the other side. They will trawl through your medical history using anything and everything against you. For me, that was the most difficult time of the process as I, the aggrieved party, was made to feel under attack.

I should add that I was a litigator and, even though I know the process, I still found it incredibly stressful. The other consequence is that, by its very nature, litigation means constantly looking back and reliving the worst events of your life when you're trying to do your best to recover and live your best life.

It is vital that you trust and feel supported by your legal team as they should hold your hand through the process whilst also pursuing it with vigour. I changed lawyers approximately one year in as I had no faith whatsoever in the lawyers appointed by my insurers, and that was the best thing I did.

To help yourself during the process, keep meticulous records. I kept a diary on my phone of all of my symptoms - how they affected me and the impact on my family. That was invaluable both as evidence and also when I saw experts as it's often difficult to remember precisely how the injury affects you on a day to day basis. The beauty of using a phone is that it's so easy even to dictate how you feel on a given day or how it's affected your day to day life. Make sure you head each entry with the date.

Also, keep a file with labelled dividers into which you can put any relevant documents (eg receipts, correspondence, medical reports).

This will be a long process, and it will be stressful, but you will get through it if you have people who you trust by your side. I was helped immensely by Acceptance and Commitment Therapy (ACT) which is mindfulness based. There are lots of resources online and many books - I recommend The Reality Slap as a start if you're interested.

I wish you the best of luck

F

[Hidden]

For me it will be 6 six years since the accident I had and my court date has now been set for this year. All cases are different, so it’s hard to compare. Just hang on in there, be honest and do not give up -you will feel like it on many occasions! Try to focus as much as you can on the recovery/rehabilitation side of things.

I definitely agree with the comment regarding your medical history -the other side will do their best to associate any little thing with the accident, in order to play down the impact It has had on your life- take nothing personally would be the best advice I could give.

Good luck.

[Braininjurysurvivor in reply to Hidden]

It’s awful that they would even do that isn’t it this accident has totally ruined my life how can they try to blame things on the past obviously I know people don’t want to pay out but this wasn’t my fault and the driver has admitted liability it’s crazy isn’t it

Thank you

[Hidden in reply to Braininjurysurvivor]

Yes, it does seem a bit ironic, but I suppose that’s life! I just feel like the system does not support a persons recovery after a TBI and makes things so much harder to deal with, even when liability is agreed. Hopefully you have the support of your family and close friends as that is invaluable!

Keep going and good luck once again.

[Pairofboots]

I don't have personal experience, but a friend with ABI after a work accident took years because his employer claimed he had been negligent. I think it took him about five years, and involved barristers etc, he was lucky he had insurance that covered the costs, he did recoup these fees in the final judgement.

I have known of other cases taking longer, I'm sorry, this isn't probably what you want to hear. When it gets into the realms of lawyers, it is a bit like , how long is a piece of string?

[Jacacc]

It took my husbands case from start to end almost 8 years and this was with a lot of evidence from the Police who witnessed his crash on his side and also all the medical experts & evidence being on his side. The insurance company still decided after the original court case when the judge came down on my husbands side & those of the medical experts and advised the insurance company to take their own barristers advice and settle out of court as they didn't have a leg to stand on. They decided to ignore their own barristers advice and that of the judge and decided to appeal on 3 occasions. When it ended up at the 3rd appeal and in front of a panel of Judges who told the insurance company that they had treated my husband disgracefully considering all the evidence against them and that they were now in contempt of court. The judges all awarded my husband compensation that was due to him and this allowed us to get the care and help that he needed. The insurance companies will drag things out as long as they can and in our case we had one that were willing to fight it as long as they could with all the evidence staked against them and they had nothing to fight with. They ignored their own legal and medical advisers just to make things worse for us all in the hope that we would give up. Their gets a point where if your case is strong enough then the legal people will not let it go until justice has been given. My husbands RTA happened 26 years ago and he still needs a lot of support now as well as a life time of care, his and my life changed forever that day and no amount of compensation can compensate what we had in our lives before the RTA.

All I can say is follow your legal experts advice and make sure that you get a solicitor that specialises in these claims and you're comfortable with, other wise you stand no chance. Be prepared for the insurance company medical people the go through your whole medical life looking for anything they can use to fight the case and put blame else where, it is amazing what they will try and use.

Headway have a great list of legal experts who specialise in this field. I met mine when I went to a Headway meeting for support and help while my husband was in hospital and then 3 years in rehab and then years of therapy and support at home. My husbands solicitor became a life long friend as we built up such a good rapport over those years fighting for my husband.

What everybody has to be sure about is what are the long term effects are going to be on your life and how much care and therapy you will need in future. All this evidence takes years to collect and then analysed by experts to be put into the courts, but even the strongest of cases like my husbands took almost 8 years.

My husband ended up in the court of protection and his compensation was managed within that which took a lot of stress away from me.

As somebody has already said keep records of everything from phone calls to who, when, where and how long to hospital or therapy visits, record mileage no matter how long or short and keep receipts for all out of pocket expenses, over the years they mount up.

Stay strong it is hard and life becomes more of a rollercoaster ride than what you can imagine, sadly there is no quick fix to ending this once you started, not even when all the evidence is in your favour, hopefully your legal team can apply for interim payments which will help with any financial losses or hardship you are going through.

Good luck with your claim and also in getting as well as you can be for the future.

[sue-66]

Listening to how long it's taken others, then ours was fairly quick. It's taken just under 3 years and I was the litigation friend. I looked through the headway book of solicitors and chose one nearest. It's finally settled and it was really stressful, but positive for my partner, he gained his important therapies, after leaving hospital. Seeing how he is now, I have no regrets taking that course.

He does have court of protection involved, I didn't want the stress of money on top of everything else.

You do need to get good advice before taking that route. X

[Hidden]

Six years and still haggling

Fortunately I do not need their money or their little clause saying in full and final settlement.

I would say do not let the claim or the offers of money consume you.

Move on and try to live your life as you are lucky to have a second chance.

[Elenor3]

I am so sorry to read your post. You’re at the start of a process that can be hugely unpleasant, stressful and upsetting.

Everyone has already posted about the shocking practice of insurers who employ doctors to trawl through your medical history to find any little thing, however small and however long ago to blame the symptoms of your brain injury on.

I’m astonished that it’s legally permissible for doctors to do this. I thought doctors had to sign a Hippocratic Oath before they practiced.

I don’t think I endeared myself to an ‘expert witness’ consultant once when I pointed that out and offered my opinion on people who do the dirty work of insurance companies for financial gain.

Since my brain injury I find it hard not to tell it like it is, no matter who to.

On more than one occasion I told the solicitor that I didnt want to proceed with dealing with such shoddy people, but he said I had to think about the help I needed for the future. I agree with the earlier reply that says nothing will ever be the same again and no amount of money will fix what your life is like now . I’m not allowed to drive so I’m hardly going out to buy a new car or anything. I don’t really have any social life, and certainly no friends that I see regularly. Life is not the same as before.

So as the earlier poster said - try not to start worrying about it - try to get on with your life as much as possible and work hard at getting the best recovery you can.

Ask your solicitor if you have one to request interim payments if that woudl help with your day to day living. Take it easy - brain injury is a long and slow recovery process. Try to maintain a few existing social contacts. Try to take time out and rest and try to establish a good weekly routine to give your life some positive structure. Family members are still learning about your injury and how to help you - it’s hard for them too. I wish you lots of lots of luck and hope you are able to find a good headway recommended solicitor to manage your claim. Take care x

[Braininjurysurvivor in reply to Elenor3]

Thanku I can take a lot from what u have written as in I find it hard not to tell people like it is even thou I would never have done this before and having no friends and no family as no one is willing to even try to understand what I’m going through and life definetly is not the same as before I feel like the old me has died and now I have to try to be the new me and it’s very hard thank you so much for replying to this xx

[Elenor3]

It all just takes a while to settle into - and one day you’ll find that you’re just going about and you’ll have grown into the new you. It just takes time. And it takes time for everyone around you to grow into their new roles as well. It’s very odd feeling like you don’t really recognise yourself. I hope you’re giving yourself time to just ‘be’. With not too many expectations. It’s reassuring to find other people here in the forum who understand. I don’t know how I’d have survived this far without the support of kind friends here. I wish you all the best with your recovery x

[Hidden]

Hi,

This is also something that I have been considering starting for my wife and I often read these types of articles with interest, although my thoughts on starting proceedings only arises when times are financially difficult so I'm not sure yet if taking the action is for the right reason morally as it would be against our GP.

My wife might also not be alive at the end of it potentially, I'm also aware of the huge mental health strain this would put on both my wife who is still recovering and myself however I only have 18months left to start the action if we go ahead with it.

Interestingly my carer support worker and our clinical specialist OT along with our BI specialist all said they would happily support us in the process. So I would also advise you to mention your thoughts on starting litigation to these people in your support network.

Regards

[Elenor3 in reply to Hidden]

Hi - it’s really just abysmal that someone can be injured in some way and then a doctor working for an insurance company can cause further damage. If I hadn’t witnessed it I wouldn’t have believed it was allowed to go on. I must be naive. It sounds like your wife might benefit from financial security if you were unable to care for her. The solicitor that I was sent to said that while it’s fine tonsay you don’t want any help, you need to consider your future situation. He said to imagine life without support (I have had a lot of support). It still seems like it should be illegal. I completely understand your predicament. It’s a very difficult situation you’re in. It would be awful to feel uncomfortable with your decision on top of having to go through the process. Perhaps book a half hour free appointment with a local solicitor to get advice before you come to any decision? I wish your wife all the best with her recovery.

[Hidden in reply to Elenor3]

Thanks Eleanor, your right the main driver is future security in terms of money. It's a good idea you suggested regarding the 30minute chat there is no harm to do this. Thanks for replying.

Regards

[sealiphone in reply to Hidden]

You can find a Law Society accredited solicitor practicing medical negligence by search accident/injury then further refine your search with medical negligence.

solicitors.lawsociety.org.uk/

[sealiphone]

Given that you're only one year in to the process of your claim, it may well be this has yet to have the opinion of a barrister, as your solicitors are still gathering evidence.

No doubt there will be medical reports but sometimes theses reports will be informative for a Neuro specialist but not give a insight to the effects on your life for the layperson.

Therefore it's a god idea to keep a diary to records the effects on your life. I presume your solicitor will have interviewed you about these aspects but teasing out the full effects on your life is usually more complex than a interview will reveal.

[Plenty]

Have you got a medical report that mentions if you’ll be able to go back to work?

Some brain injured survivors are compensated for not being able to return to work.

Solicitors can fight for loss of earnings, for the rest of the clients life, a very large amount of money. But I’m sure they would need medical records from Neuro experts to back up the claim. As the other side of the claim would try to wriggle out of paying.