What is a fatal brain injury?
A fatal brain injury refers to severe trauma or damage sustained by the brain that ultimately leads to death. Such injuries can occur for various reasons; however in medical negligence cases, they typically arise from misdiagnosis, surgical errors, delays in treatment, medication overdoses, or oxygen deprivation during medical procedures. Regardless of the exact cause, when a fatal brain injury results from negligent medical care, the family of the deceased has the legal right to pursue compensation on their behalf.
Can you claim compensation for a fatal brain injury?
You can claim compensation for a fatal brain injury if you have lost a family member as a direct result of medical negligence. Eligible claimants typically include dependents, spouses, civil partners, children, parents, or other close relatives who were financially or emotionally reliant on the deceased.
To successfully pursue a fatal brain injury compensation claim, it is necessary to demonstrate:
- Medical negligence directly caused or significantly contributed to the fatal brain injury
- The medical professional(s) responsible owed a duty of care to your loved one
- This duty of care was breached, resulting in the injury and subsequent death of the family member
- You or other family members have suffered loss and damage as a result of their passing.
Our dedicated medical negligence solicitors can carefully review your circumstances in detail, provide clear advice regarding the strength of your case and guide you step-by-step through the claims process.
Why choose us to support your fatal brain injury claim?
Stephensons is one of the UK's leading law firms specialising in medical negligence claims, including fatal brain injury cases. Our experienced solicitors offer compassionate and tailored support, understanding the emotional strain involved and guiding families sensitively from start to finish.
When choosing Stephensons, you benefit from:
- A highly experienced legal team accredited by the Law Society's Clinical Negligence Accreditation Scheme
- A dedicated and compassionate approach throughout your claim
- Clear, practical and jargon-free advice tailored specifically to your family’s needs
- A proven track record of successfully securing compensation for families affected by fatal brain injuries
- No win no fee arrangements available, providing reassurance and protection against financial risks
With Stephensons, you can feel assured knowing your claim is in capable hands, leaving you to focus on grieving and supporting your loved ones during this difficult time.
How we can help
At Stephensons, we support families throughout every stage of a fatal brain injury negligence claim. This includes:
- Investigation: Gathering medical records, obtaining expert opinions, and thoroughly reviewing all details surrounding your loved one's care and subsequent injuries
- Representation: Dealing with responsible healthcare providers, insurance companies and negotiating settlements on your behalf
- Legal proceedings: If necessary, initiating court action to ensure fair compensation is secured
- Support services: Signposting families toward counselling and bereavement support services to help manage emotional distress
Our team is here to ensure you receive full and appropriate compensation, covering funeral expenses, loss of dependency, lost future earnings, as well as compensation for emotional suffering.
Contact Stephensons today
If you believe medical negligence has led to the fatal brain injury of your loved one, contact our specialist team for confidential legal advice. Call Stephensons Solicitors LLP on 0161 696 6165 or complete our online enquiry form and we will arrange a convenient callback to discuss your circumstances.
Frequently asked questions about fatal brain injury claims
Who can claim fatal brain injury compensation?
Generally, close relatives or dependants of the deceased, such as spouses, civil partners, children, parents or siblings, can pursue a claim for compensation following a fatal brain injury.
Is there a time limit to make a fatal brain injury claim?
In most cases, you have three years from the date of death or from the date you became aware of negligence causing death to start a claim. However, it is advisable to seek legal advice promptly.
How long does a fatal brain injury claim usually take?
Every claim differs depending on complexity and circumstances. Usually, fatal brain injury claims take between one and three years for resolution, but we strive to complete claims efficiently while maximising your compensation.
Will I have to attend court?
Most claims are settled out of court. However, if court attendance becomes necessary, our supportive solicitors will thoroughly prepare you and represent you sensitively throughout.
For further questions or advice, contact Stephensons today.