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Brain Injury Compensation Claims: Your Guide To Compensation Payouts

Learn how compensation could be awarded for a brain injury. 

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£85 million in compensation

Won for our clients by JF Law Solicitors

Brain Injury Compensation Claims: Your Guide To Compensation Payouts

Learn how compensation could be awarded for a brain injury. 

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 Brain injuries can cause you to suffer immense trauma with life-changing consequences. We understand that living with a brain injury can be difficult financially. Whether you experienced an accident in the workplace, a public place or on the road, you could be able to move forward with a personal injury claim today.  

Read this guide to find out if you are eligible to claim brain injury compensation. We will also provide guidelines for compensation figures for your pain and suffering and discuss the types of brain injuries that you can claim for. Furthermore, we provide information and guidance on the types of financial losses that you could be reimbursed for. 

Additionally, we will outline some causes of brain injuries and explain whether you can claim on someone else’s behalf. We will also detail the process of the claim and the No Win No Fee service that one of our solicitors could provide you with.

You can contact an advisor today to answer any queries you have. If you are eligible, you could start a claim and potentially receive compensation for the suffering you have experienced and the costs related to your injury:

Am I Eligible To Claim Brain Injury Compensation?

If you wish to claim  brain injury compensation, you must be able to show that:

  1. Someone owed a duty of care to you
  2. Said person did not enact their duty
  3. You suffered a brain injury as a result

The duty of care refers to someone’s legal responsibility to protect your health and safety. You can read further details of when you are owed a duty of care in a later section, or you can call one of our advisors who would be happy to discuss the details of your case.

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Average Brain Injury Compensation Payouts

We cannot provide an average figure for brain injury compensation, as this would not be relevant to your case. Each personal injury claim is measured by its unique circumstances. Instead of giving you an average figure, we are going to look at how brain injury compensation could be awarded. 

You should reach out to one of our advisors if you would like a better idea of the level of compensation that you can expect. They can enquire about the details of your claim and consider the relevant damages that the compensation should cover.

You may be wondering how much compensation you could claim for your brain injury. In the table below, we have used some figures from the Judicial College Guidelines (JCG). Referring to different types and severities of injuries, this document outlines guideline compensation figures for physical pain and mental suffering. You should only use these figures as a guide. We cannot predict the compensation amount that you will receive without considering your case in further detail. 

 

Please also note that the figure in the top row was not taken from the JCG. 

Type of InjurySeverity of InjuryGuideline Compensation AmountNotes
Mutliple injuries and financial lossesSevereUp to £10,000,000+Compensation awarded for multiple injuries and associated financial losses (such as paying for a nurse and specialist equipment).
Brain/headVery Severe£344,150 to £493,000The injured person will have little control over their bodily functions and a restricted life expectancy
Moderately Severe£267,340 to £344,150Severe disability whereby the person will need constant professional care
Moderate (i)£183,190 to £267,340Bracket includes those with no chance at employment, intellectual deficit, impaired vision/hearing, personality change and risk of epilepsy
Moderate (ii)£110,720 to £183,190Some intellectual deficit and risk of epilepsy. The ability to work is either removed or reduced
Moderate (iii)£52,550 to £110,720Impaired memory and concentration, senses somewhat affected, reduced ability to work and limited dependence on others
Less severe£18,700 to £52,550Similar issues to the above bracket but with a good recovery and a return to social and work life. However may still struggle with symptoms such as impaired concentration and poor mood
Minor£2,690 to £15,580Minimal damage to the brain where the issue is resolved within two to three years. At lower end of the bracket person may recover within a few weeks

How Claims Are Calculated

Your compensation can be assessed based on two types of damages, the first of which is referred to as general damages. These cover any suffering and pain that you have experienced as a result of your injury, as considered in the table above.

Additionally, your settlement may consist of special damages, which we further explain below. In a brain injury claim, these can be very high as special damages will consider items such as requiring nursing care and for how long. 

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Claiming Special Damages

Special damages allow you to recover expenses that you had to make due to your injury. These could include costs relating to:

  • Adjustments made you your home to help you cope with the injury.
  • Medical treatment and equipment. 
  • Travel to medical appointments 
  • Loss of earnings
  • Nursing care and rehabilitation. This can also include at-home care. 

You should keep your receipts and bank statements for these costs as they could provide substantial evidence for the compensation that you could be awarded.

Types Of Brain Injuries You Can Make Compensation Claims For

Many different types of injuries could qualify for a compensation claim, such as:

  • Concussion
  • Bruising on the brain
  • Hematoma (bleeding on the brain) 
  • Lesions (damage to the brain tissue)
  • Diffuse axonal injury (twisting or shaking that causes fibres in the brain to tear)
  • Penetrating injuries 
  • Axionic injuries (where brain cells die due to lack of oxygen)

If your brain injury was not included in this list or if you’re not sure whether your injury is valid for a claim, you do not need to be concerned. Contact one of our advisors and they can explain further.

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Common Causes Of Brain Injuries That Lead To Claims

In this section, we will detail some of the common scenarios whereby you could claim brain injury compensation. Continue reading to find out more.

Public Liability

When visiting a public place, the occupier of said space owes you a duty of care. This is due to the Occupier Liability Act (1957). The occupier refers to the person who controls the space. They must take the necessary steps to ensure your reasonable safety when using it. 

The following examples are incidents where the duty of care has been breached: 

  • When visiting a restaurant, you slip and fall over due to a wet patch on the floor. You hit your head on the ground, causing a concussion. The cafe manager knew that the floor was wet but failed to put out a wet floor sign.
  • When visiting the gym, you suffer an accident due to a faulty machine. A weight from the machine falls onto your head, causing lesions to your brain. The gym owner did not perform regular checks on the machinery or take steps to maintain its functioning.

If you have experienced a similar situation, you could be able to claim for an accident in a public place.

Accident At Work

The Health and Safety at Work etc. Act 1974 means that your employer must take reasonable steps to prevent employees from suffering harm in the workplace. When an employer does not do this, and you suffer injury, it is negligence. Examples include:

  • You work in a warehouse and have not been given a helmet. A heavy object falls from a high shelf and causes an injury to your head. This results in lesions on your brain
  • You trip over a loose wire while working in an office. You fall at work over and hit your head on the ground. This gives you a concussion.

When such situations occur, you could be able to claim for an accident at work.

Road Traffic Accidents

 All road users—drivers, cyclists, pedestrians, and motorcyclists — owe each other a duty of care when using the road. To ensure that they are navigating in a safe and responsible manner, they should adhere to the Highway Code and the Road Traffic Act 1988. You could be able to claim for compensation if:

  • You wait for a traffic light to turn red and then cross the road. A car fails to stop at the red light, hitting you and knocking you over. You hit your head on the ground and suffer bleeding on your brain. This would be valid for a pedestrian accident claim.
  • While driving, you come to a stop behind some traffic. The car behind you fails to stop and bumps into the rear end of your car. This causes you to hit your head on the steering wheel and suffer bruising to your brain.

If you have experienced something like this, you may be able to claim brain injury compensation for a road traffic accident

Can I Claim On Behalf Of Someone Else?

There are some situations where you could claim on another person’s behalf. In such circumstances, you would be appointed to act as a litigation friend

Brain injuries can seriously impact a person’s ability to represent themselves. If a person is without the mental capacity, in accordance with the Mental Capacity Act 2005, another person may be able to represent their claim.

This also applies when the injured person is under eighteen years of age. The court can select anyone to act as a litigation friend, including:

If you’re in a position where you think that you may need to act as a litigation friend, you can speak with our advisors to find out how to proceed. They understand that brain injuries can change the lives of the injured person and their loved ones, so they are happy to look into any queries you may have.

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How To Make A Brain Injury Claim

If you are eligible to claim brain injury compensation, you may want to know how to start your claim. Continue reading to find out more.

Evidence - What You’ll Need To Claim

You will need to provide evidence to support your brain injury claim. This must prove that the defending party failed in their duty to you, causing you to experience a brain injury. Evidence may include:

  • A copy of your medical records
  • Videos or photos of the incident or injury (including CCTV)
  • Payslips or bank statements (to show a loss of income if applicable)
  • Accident reports- this applies if you were injured in the workplace or a public space.
  • Contact details for those who witnessed the accident and may be able to provide statements later on 

You may want to keep records and receipts of the costs you have incurred, as this could help to strengthen your chances of gaining compensation. As discussed previously, you could recover these costs under special damages.

Time Limits For Starting Your Claim

You must start your claim within the time limit, as per the Limitation Act 1980. For personal injury claims, this is generally three years from the date of the injury.

If an injured party lacks the mental capacity to manage a claim, the three-year time limit starts on the date they regain capacity (if they do). If the claimant is under eighteen, the three-year time limit starts on the date of their eighteenth birthday.

How Long It Can Take To Receive A Payout

We cannot state how long it will take for you to receive your compensation. As with the level of compensation you may receive, the circumstances will be unique to your case. 

The time taken to settle may be impacted by:

  • Whether or not your claim goes to court
  • How busy the court schedule is
  • Whether the defendant admits liability
  • Whether you and the defendant can agree upon the compensation owed
  • The type of injury you have suffered and the level of severity
  • The amount of evidence you have and how long it takes to collect it all

If you proceed under the representation of our solicitors, they will use their knowledge of the legal system to help you proceed with your claim efficiently.

No Win No Fee Agreements

You may want to start a claim but feel worried about the associated costs. Our solicitors can represent personal injury claims through a Conditional Fee Agreement (CFA). This is a No Win No Fee contract whereby you do not need to pay fees to your solicitor for their services:

  • Before the claim begins
  • Throughout the claim proceedings
  • If you do not receive compensation for your injury

If you are awarded compensation, you would then need to pay a success fee. This refers to a percentage of your compensation that you owe to your solicitor for their work. The percentage is legally capped, so you will still keep the majority of your compensation.

How Our Solicitors Can Help With Your Claim

One of our experienced personal injury solicitors could represent you if you are eligible to claim. Their services include:

  • Negotiating with the defendant regarding the compensation that you are owed
  • Assisting you with the collection of evidence 
  • Checking that the claim is filed in accordance with the time limit (as discussed previously)
  • Explaining legal terms and processes to you
  • Handling correspondence with the defendant on your behalf

You can contact an advisor today if you are still unsure. They can check your eligibility and advise you on how to proceed. You could be connected with a No Win No Fee solicitor, bringing you one step closer towards getting your rightful compensation. Why wait?

More Information

You can also:

For external resources, you can:

Thank you for taking the time to read this guide on how to claim brain injury compensation.

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