Head Injury Compensation Claims Guide
Our team of advisors and specialist brain injury solicitors are experts at helping people to claim compensation for head and brain injuries.
£85 million in compensation
Head Injury Compensation Claims Guide
Our team of advisors and specialist brain injury solicitors are experts at helping people to claim compensation for head and brain injuries.
Suffering a brain or head injury can be life-changing. Even a minor head injury could lead to significant challenges physically, emotionally and financially. Severe brain injuries may leave someone requiring around the clock care. If you or a loved one have suffered a head injury due to someone else’s negligent actions or inactions, you could claim compensation. In this guide, we look at when and how head injury claims could be made.
Our guide will discuss the criteria head or brain injury claims must meet. You can also find information on the types of accidents which could cause head injuries and types of injury you could claim for. We also show how personal injury compensation claims may be calculated and look at how to begin the claims process.
Get help from our team by:
- Calling 0151 375 9916.
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Am I Eligible To Claim Compensation For My Head Injury?
Whether claiming on your own behalf or for another person, you must be able to show that the claim meets the eligibility criteria. Whilst there are specific pieces of legislation relating to different types of accident claim, in general, head injury claims must meet 4 criteria.
These are that,
- Another party had a duty of care to you. This party may be your employer, the party in control of a public place or a road user.
- This party breached the duty of care they had to you.
- The claimant suffered unnecessary harm or an avoidable injury as a result of this.
- The claim is started within the claims time limit. We will discuss time limits later in this guide.
In the following section, we will look at who may owe accident victims a duty of care, what legislation may confer this duty and the types of accidents which could happen.
Our team of friendly advisors can review cases and determine when people could successfully claim compensation.
Common Causes Of Head Injuries
A head or brain injury could be caused by a wide variety of different types of accidents. One of the key criteria in being able to claim is being able to show that another party caused your accident.
Below, we look at different categories of accident in which someone could be harmed. We set out how claimants may have been owed a duty of care and the types of accidents which could lead to someone suffering a head or brain injury.
Road Traffic Accidents
Road traffic accidents are one of the leading causes of head injuries in the UK. Pedestrians, cyclists, motorcyclists, drivers and passengers could all claim if they suffered a head injury due to another road user’s failure to comply with their duty of care.
All road users have a duty of care towards one another. To ensure that they are navigating in a safe manner, they should comply with legislation, guidelines and rules such as the Road Traffic Act 1988 and the Highway Code.
A cyclist could suffer a traumatic brain injury if they are hit by a car exiting a side road without signalling or checking for approaching traffic. The impact of being hit by a car could still cause severe head injuries even when wearing a cycling helmet.
Accidents At Work
In the workplace, your employer has a duty of care to take reasonably practicable steps that ensure your safety. Whilst there are various articles of legislation protecting people in the workplace, the primary law that states the duty of care is the Health and Safety at Work etc Act 1974.
Industries such as construction, manufacturing, agriculture and healthcare can all be hazardous if staff are not properly trained or issued with the right Personal Protective Equipment. You may suffer a head injury at work if not issued with a hard hat on a construction site. You may be struck by a falling object, causing serious head injuries.
Accidents In Public
Legislation, such as the Occupiers’ Liability Act 1957, confers a duty of care on the party in control of a public space. This party must take reasonable steps both to ensure your safety and prevent accidents while visiting their premises. If they failed to do so and you were harmed, you could make a public liability claim.
Falling on a pavement which was broken or damaged could cause someone to strike their head on the pavement. This may cause a head injury or concussion.
Please contact our team to find out how to make a compensation claim in any of these circumstances.
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Types Of Head Or Brain Injury You Can Claim For
Types of head injuries could range from mild bumps through to skull fractures, and acquired or traumatic brain injuries.
- Concussions – these may cause confusion, headaches and dizziness. A concussion may be mild and brief and may take between hours and days for symptoms to present.
- Contusions – this is bruising on the brain which could be caused by an impact.
- Traumatic brain injury – this may be caused by a severe impact, fracturing of the skull and could be accompanied by a bleed on the brain.
- Skull fractures – the fracture may cause damage to the brain. Skull fractures include depressed, linear, basilar and diastatic fractures.
- Lacerations – severe lacerations may leave scarring on the person’s head.
- Hemorrhage or hematoma – this is bleeding around or inside the brain.
- Penetrating head injuries – this could be caused by a fall or object penetrating the skull during a rear end collision.
Depending on the type of head or brain injury sustained and its severity, accident victims may take differing amounts of time to recover. In some instances, brain damage may be permanent. Contact us to learn more about head injury claims.
Average Head Injury Claims Amounts
Whether you or a loved one have suffered a head injury, you may wish to understand how head injury compensation amounts may be calculated. The first point we should note is that knowing the average amount of compensation for this type of injury won’t be of much use to you. Each claim is unique and is assessed on its own circumstances and merits. This also means we are unable to provide an estimate of what an individual may be owed without first assessing their case.
There are factors which may be taken into consideration when assessing head injury claims. These include the severity of a brain injury, what treatment was required and the degree to which the person recovers. Further, head injury compensation claims may also take financial losses into account.
How Compensation Payouts Are Calculated
Successful claimants could be awarded a combination of special damages (discussed in the following section) and general damages. General damages are awarded to compensate you for pain and suffering caused by the head injury. This may be either physical or psychological pain or suffering.
Personal injury solicitors may use the Judicial College Guidelines (JCG) and medical records to help value this part of a settlement. Medical records may be used to highlight the specific type of head or brain injury suffered. They can also show its severity. The JCG is a document containing compensation guidelines.
The following table contains entries from the JCG, apart from the top row. This figure is an example of a head injury claim amount.
| Injury | Severity | Notes | Guideline Damages |
|---|---|---|---|
| Multiple head or brain injuries. | Serious or severe | Multiple and severe brain or head injuries. With special damages. | Up to £25,000,000+ with special damages. |
| Brain damage | A – very severe | The person may have the ability to follow some basic commands. | £344,150 to £493,000 |
| B – moderately severe | The person may be left with cognitive or physical disabilities. | £267,340 to £344,150 | |
| C – moderate – i | A moderate to severe intellectual deficit. | £183,190 to £267,340 | |
| C – moderate – ii | Where there is modest to moderate intellectual deficit. | £110,720 to £183,190 | |
| C – moderate – iii | The brain injury affects memory and concentration. | £52,550 to £110,720 | |
| D – less severe | The person will make a good recovery and can take part in normal social activities. | £18,700 to £52,550 | |
| Psychiatric injury | A – severe | The person has marked problems with all parts of their life. | £66,920 to £141,240 |
| B – moderately severe | The person has significant problems in all parts of their life. | £23,270 to £66,920 | |
| C – moderate | The person has made a marked improvement with a good prognosis. | £7,150 to £23,270 |
Special Damages And How They Affect Your Claim
Special damages may compensate accident victims for many different types of financial losses related to their injury. Suffering an acquired brain injury could leave someone unable to work or with reduced mental capacity and unable to carry out general domestic tasks.
Common examples of special damages may include:
- Loss of income and earnings.
- Medical bills. This may include the cost of medical treatment, surgical care, physiotherapy and rehabilitation.
- Care. This may include the cost of care in the home or in a special facility. Following a traumatic or acquired brain injury, a victim may be left with diminished mental capacity and require long-term or life-long care.
- Prescription medication costs.
- Transport costs, such as the cost to attend a medical appointment.
Whilst successful brain injury compensation claims will automatically be awarded general damages, special damages are not. To be awarded special damages (such as those listed above) you must provide evidence. Evidence may include payslips, bank statements and invoices.
Brain injury lawyers could help to calculate the amount of compensation you may be owed and guide you through the claims process.
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We pride ourselves on providing the best service possible for our clients.
How To Start A Head Injury Claim
Following an accident, the claimants first step should always be to seek medical attention. Next, you can contact one of our No Win No Fee solicitors to get advice on claiming compensation. Whilst there is no obligation to bring forward a claim with a brain injury lawyer, we believe that there are benefits to doing so. One of our specialist brain injury solicitors could guide you through the claims process.
Gathering The Right Evidence To Support A Claim
Collecting sufficient proof to show that negligence has occurred is an important part of the injury claims process. Evidence to support a claim may include:
- Footage from CCTV or dashcams of an incident, such as a zebra crossing accident, taking place.
- Photographs of the scene of the accident or visible injuries.
- Copies of your medical records, or those of the person who was harmed.
- A diary describing the symptoms and impact that the injury has had on you, or the injured person.
- Contact details of anyone witness to the incident in which the brain injury occurred.
One of our personal injury lawyers could help in collecting evidence to support brain injury compensation claims.
How Long You Have To Begin A Claim
The Limitation Act 1980 sets out how long you have in which to make a personal injury claim. The standard time limit to begin a claim is three years. This time limit begins on the date on which you are injured.
However, where the claimant was under the age of 18 or where the claimant had reduced mental capacity, the three year time limit is paused. It will resume either where the claimant reaches the age of eighteen, or where the claimant recovers their mental capacity. In either instance, the three year time limit will begin.
Whilst the limitation period is paused, a litigation friend may claim on behalf of the person harmed.
How Long It Can Take To Get Head Injury Compensation
Whilst we can say how long you have in which to begin a claim, there is no similar time limit in which a claim must be completed. How long it could take to get compensation will depend on several different factors. These may include,
- How severely someone was injured and the length of their recovery. The more complex an injury or lengthy a recovery period, the longer it could take to make a claim.
- What evidence may be collected and how long it takes to do so.
- Whether the defendant (the party a claim is made against) accepts their liability.
- Whether the defendant agrees with the amount of compensation, you are asking for.
In some instances, a claim may need to go to court. In these cases the claim may take longer to be concluded as the parties were unable to do so between themselves.
Our team is on hand to guide you through the process of claiming compensation. Contact us today.
Why Choose JF Law To Handle Your Claim?
If you meet the eligibility criteria, we could connect you to one of our specialist head injury claims solicitors. Whilst you could claim without a solicitor, we believe that there are several benefits to claiming compensation with a solicitor. Some of these benefits include:
- Helping you to gather evidence to support your claim.
- Ensuring that you get the right compensation settlement that fully considers your injuries and financial losses
- Explain any potentially complex legal or medical terminology.
One of the biggest benefits to claiming with a specialist solicitor is being able to do so on a No Win No Fee basis. To claim on this basis, you would be offered a Conditional Fee Agreement. Under this type of agreement, your solicitor would be able to work on your case without you having either to pay for their work in advance or during the claims process. Similarly, you would not need to pay in the event that your case is unsuccessful.
If you win your head injury compensation claim you would need to pay a success fee. This is calculated as a percentage of your compensation. The percentage which may be charged is limited by law.
- Phone us today on 0151 375 9916.
- Click here to contact us.
More Information
In this final part of our guide you can find further claims guides and head injury resources.
- Learn about making back injury claims in this guide.
- Check how to make a burn injury claim in this guide.
- Find out more about knee injury claims in our dedicated guide.
External references
- This NHS resource provides information on what to do if you or someone else suffered a head injury or concussion.
- Information about claiming Statutory Sick Pay (SSP) from the government.
- The Royal Society for the Prevention of Accidents page on play safety to help prevent children from suffering injuries.
Thank you for reading our guide to head injury claims. If you have any further questions about how to claim for yourself or another person, please contact our team.
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