Call the dedicated national phone number: 0333 0100 357 with the reference ‘Brain & Spine Foundation’ (all calls will be charged at your local standard rate)

As the largest dedicated medical negligence law firm in the UK Irwin Mitchell understand that if there is a failure to diagnose or treat your condition appropriately then this can have a devastating impact on you and your family. There may be questions you wish to ask about the care and treatment you have received.  In these circumstances you may be able to claim compensation to assist with your rehabilitation and future care needs and we will fight fearlessly to give you the best chance of getting the outcome you deserve and seek to ensure this does not happen to anyone else.

Irwin Mitchell have many years of expertise and will take the time to understand what you’re going through – helping you get the answers, compensation, support and rehabilitation you deserve.

Their specialist medical negligence team are available to offer free initial advice and will talk through your legal options. They recognise that seeking legal consultation and considering a claim may seem daunting but with the largest specialist team in the country they are here to answer any questions you have and will guide you every step of the way.

Meet Lindsay Tomlinson, Irwin Mitchell partner

Email: [email protected]
Call Lindsay: 07501 482 956

Lindsay’s a partner in the Medical Negligence team covering Birmingham, Staffordshire and the West Midlands. She has over 20 years’ experience in recovering damages for clients, and making sure they receive care for life. Lindsay’s successfully concluded a number of cases involving spinal cord injuries and delays in diagnosing cauda equina syndrome. She’s also supported clients who’ve suffered avoidable acquired brain injures.

Call the dedicated national phone number: 0333 0100 357 with the reference ‘Brain & Spine Foundation’ (all calls will be charged at your local standard rate)

With one of the largest national serious injury teams in the country, Irwin Mitchell’s specialised lawyers know the impact that a serious injury can have on you and your loved ones. Their solicitors can help you claim compensation for your injury and will help you get the best possible care, rehabilitation and support.

Serious injuries are those which will have long term effects. Compensation for these injuries needs to take into account the impact upon your future, including:

• Future loss of earnings if you can no longer work, or do the same job
• Adaptations to your home, or moving to a new home
• Mobility aids and transport
• Long-term care, support and rehabilitation.

Irwin Mitchell have specialist lawyers supporting those with brain and spine injuries as well as associated orthopaedic injuries too. It’s important to contact them as soon as possible after injury for a number of reasons:

• To make sure your claim is started within the relevant legal time period.
• It’s easier to gather evidence in support of your claim.
• They can start work on your case. This means that they can try to get early “interim” compensation payments to help pay for any specialist medical treatment, therapy and care you need right now.
• Their Support and Rehabilitation team can start helping you get the care, rehabilitation and support you’re entitled to.

Claire is the head of the Serious Injury team in Southampton. She specialises in claims for adults and children who’ve suffered life-changing injuries, including brain or spinal injury. These injuries can result from road traffic collisions, accidents at work, falls from height, defective products or even chemical exposure.

Email: [email protected]
Call Claire: 07715 414776

Irwin Mitchell have experience in all areas of law. We understand that you may be worried about your income, reputation, future career or the emotional impact of an employment issue relating to your neurological condition. In situations like this, it helps to have the experts on your side, and Irwin Mitchell can support you every step of the way.

For a full list of areas that Irwin Mitchell can support you with, please visit their website.

Or, call the dedicated phone line to connect with an Irwin Mitchell solicitor today: 0333 0100 357 with the reference ‘Brain & Spine Foundation’ (all calls will be charged at your local standard rate)

A brain or spinal injury can be the result of an accident or medical negligence. To begin your claim, call one of Irwin Mitchell’s team on 0330 0100 357 and reference ‘Brain & Spine Foundation’, and they’ll discuss what happened to you and your injury.

If they think you have a case, they’ll look into the circumstances around your injury. This can include gathering witness statements and contacting any relevant insurers. It can also include investigating the treatment you might’ve received, and whether it was negligent.

What are the steps in the claims process?

First Irwin Mitchell will decide whether your brain or spinal injury claim has a reasonable chance of success, this can include complex claims.

Next their team will work out who was to blame for your injury, this could be more than one person, and they’ll share responsibility. If a healthcare provider caused, or significantly worsened, your injury – for example you might’ve had a late diagnosis – Irwin Mitchell will have to prove you’ve received negligent treatment.

Irwin Mitchell have in-house investigators and will often use them, but they’ll employ external experts if needed. Together, they can establish who was responsible for your brain or spinal injury, and then Irwin Mitchell can work out how much compensation you should receive.

The experts can come from a variety of fields, including:

• Medicine
• Care
• Transport
• Accommodation
• Employment

If possible, Irwin Mitchell will try to settle the case out of court with the insurers or healthcare provider. If this isn’t possible, the case may go to court for a judge to decide.

How much will I have to pay?

When making a personal injury claim, you might be able to get a no win no fee agreement – this means you don’t have to pay any upfront fees.

If successful, some of your compensation will go towards Irwin Mitchell’s legal costs, whilst your opponent will pay the majority of your fees. If unsuccessful, the costs will be covered by an insurance policy. To find out more, visit the No Win No Fee page.

Another payment option is through legal expenses insurance (LEI), which is either included or can be an optional extra on home or motor insurance.

It may be possible to use LEI to fund your claim, but this will depend on the terms of your policy and its claims limit.

Irwin Mitchell also offer legal aid in medical negligence claims – funding provided by the government through the Legal Aid Agency. But legal aid’s only available for claims where a child has sustained a brain injury during pregnancy, childbirth, or shortly afterwards. It can also be available for cases deemed “exceptional” by the Director of Legal Aid Casework.

How long will my claim take?

Irwin Mitchell will try to settle your case as soon as possible, but it depends on your injury and recovery. It can be hard to move on until your case is finished, so they’ll try to settle the claim as quickly as possible.

If you’ve suffered a serious injury, like a brain or spinal injury, it’s important to wait until the full extent of the injury becomes clear. This is so Irwin Mitchell can make sure you get the compensation to cover the cost of any long term needs resulting from a brain or spinal injury. This could mean your case might take years to resolve.

Whilst the case is ongoing, they can secure interim payments, so you’ll receive some money for the costs of your rehabilitation and care, until the case is finished.

How much compensation will I receive?

The value of your claim depends on the extent for the injuries you’ve suffered, and how they’ve affected you. It also depends on any expenses you’ve incurred, or your future care needs. This can include adaptations to your home, medical bills or a loss of earnings.

Compensation in personal injury claims is broken down into two parts: general damages and special damages.

General damages is money you’d receive what’s called “pain, suffering and loss of amenity”.

Special damages covers financial losses, including:

• Past and future loss of earnings
• Private care (past and future)
• Surgery and other medical expenses
• Transport
• Rehabilitation
• Counselling
• Physiotherapy
• Any other expenses relating to your injuries.

In a claim for a brain or spinal injury, you may receive both.

How long do I have to make a claim?

Generally, you have three years to make a claim after you suffer the injury or from the date your injury was linked to a medical error. But there are exceptions to the rule. If you don’t have the metal capacity to make legal decisions, such as after a serious brain injury, there’s no time limit to make a claim.

We’re delighted that Irwin Mitchell have generously committed to making an annual donation to the Brain & Spine Foundation, to help us reach and support more people affected by neurological conditions across the UK through our Professional Neuro Services. The Brain & Spine Foundation will not receive any direct payments from Irwin Mitchell should you receive legal support from one of their partners. While Irwin Mitchell is the Brain & Spine Foundation’s recommended legal firm, there are many other legal firms who may be able to support you.

Download the Irwin Mitchell contact list here.