Before you actually contemplate approaching a brain injury solicitor, it is imperative to consider a number of fundamental criteria. After all, in the very first instance, the firm of solicitors will be obliged to do exactly the same thing and this approach may well save both parties considerable time.
First and foremost, it is necessary to ascertain whether or not the incident involved occurred as a result of no fault of your own. If this were not the case and you were to blame in some way, a brain injury solicitor would not be in a position to proceed with a claim. On the contrary, if your actions had led to another individual sustaining injury or loss in some way, you may very well be looking for a firm of solicitors to defend you against any litigation that is pursued against you. If you were able to prove that the incident was not your fault and when there is a recognisable defendant, the brain injury solicitor will move on to assess the next criterion.
The incident involved would have had to lead to physical or financial loss in some way. Specifically for brain injury solicitors, they would specialise in proving that you had suffered a head injury and that this has affected your life detrimentally. When necessary, they will also go on to prove that the injury sustained is likely to impact on your earning potential in the future and this is where they will do all that they can to secure damages that recognise this important fact.
Such future considerations can also include a requirement for care provision. Some head injuries can have significant implications for the victims concerned and brain damage can become a definite and devastating consequence. It is the job for a brain injury solicitor to address these issues at all times. After all, the role of the civil courts is to compensate the claimant in an attempt to place them back as closely to the position they were in before the accident. Obviously, there are times where no amount of financial remuneration is going to be able to give the quality of life back to the claimant that was enjoyed beforehand, but nevertheless, all awarded damages are intended to relieve any future hardships as far as possible.
Brain injury solicitors are tackling an area of law that has always proven to be exceptionally complex. Head injuries can be notoriously difficult to prove and when you first approach a brain injury solicitor, they will need to pursue as many medical professionals as possible to secure as strong a case as they can. If the claimant has already seen a number of psychiatrists and other medical professionals, this will make their job far easier and it will be indicative of a much stronger chance of them pursuing your claim in the first place. This is not to say that a brain injury solicitor would not take on a case when this evidence has not already been sought, it would just mean that their job would be more involved, as they pursue the required evidentiary support on the claimants behalf.
The claimants financial position is also likely to have an impact on the likelihood of the brain injury solicitor pursuing their claim. If the claimant were able to fund the representation themselves, without legal aid assistance, most firms of solicitors will take up the case for them - obviously. If the claimant is forced to rely on help through the Legal Services Commission, as so often is the case, they will need to prove that they have a stronger chance of success.