The Law Society said yesterday that people affected by brain injury risk being under compensated if they make a claim through their insurers. The Brain Injury Group would add to this that only a specialist brain injury solicitor should be instructed in this complex area of law. Only then will those affected be sure they can access the right funding, medical experts and rehabilitation, as well as being certain of receiving the appropriate level of compensation.
Unfortunately, there are far too many examples of people that have been badly let down by their legal advisor, including Ryan Garrigan. Ryan has cerebral palsy as a result of a birth complication 21 years ago, and his family were originally advised that they could not win a claim. They sought a second opinion from Brain Injury Group solicitor Helen Niebuhr, of Darbys solicitors, and Helen was able to use of her years of experience in brain injury cases to win £6.6million. Justine, Ryan’s mother, spoke for the family: “Ryan is secure and will be well cared for for the rest of his life. If we hadn’t known of Helen, we would still be struggling and worried about the future”.
Another example was offered by Barry Osborn, of Asb Aspire, a Brain Injury Group solicitor in the south of England: “When our client suffered a vicious assault in 2007, his injuries included a brain injury that went unrecognised by his original legal advisers. It was only after the recommendation of a medical expert treating him in 2011 that we were appointed. We subsequently negotiated a revised settlement with the Criminal Injuries Compensation Board which amounted to £58,300 more than the original award, and for the first time in several years our client is able to focus on his recovery, without the threat of losing his home hanging over him”
One of the Brain Injury Group members in the north of England, Andrew McGowan, of Neil Hudgell LLP, points to the potentially disastrous consequences for the client of a claim being mishandled: “We took over a claim arising from a road traffic accident in 2007. Another solicitor had been immediately appointed to act for the client, but they either ignored or missed the brain injury. Consequently the rehab they arranged for the client was not appropriate. By the time we were instructed in 2011, the window of opportunity had passed. With the right rehab in place from the start, there’s every chance the outcome would have been better and the family tensions over the last few years would probably have been avoided or significantly reduced.”
The Brain Injury Group is a national network of approved brain injury solicitors and support service providers that work together to help brain injured people and their families.
Anyone with brain injury claim is advised to the contact the Brain Injury Group on 0800 612 9660 or at www.braininjurygroup.co.uk.
For media enquires contact Clare Harrison at the Brain Injury Group on 03303 112541 or clare.harrison@braininjurygroup.co.uk.
