Advice On Claiming Concussion Compensation
If you’ve suffered a concussion that could’ve been avoided, our specialist solicitors could help you claim for concussion compensation.
£85 million in compensation
Advice On Claiming Concussion Compensation
If you’ve suffered a concussion that could’ve been avoided, our specialist solicitors could help you claim for concussion compensation.
A Guide To Claiming Concussion Compensation
Have you experienced a concussion that could’ve been avoided? Are you looking to make a claim against a third party who was responsible for your injury? If so, please read our helpful claims guide and learn how you could make a claim for concussion compensation.
In essence, this guide aims to provide you with all the information you will need to know about making a claim for concussion compensation. Firstly, we explore the different compensation payouts for concussion injuries, as well as discuss the eligibility requirements you will need to fulfil. Moreover, we look at the scenarios that may give rise to concussion compensation claims.
Furthermore, we explore the time limits in making a claim as well as discussing the symptoms of concussions. Moreover, we investigate post-concussion syndrome and the various types of evidence you can provide to support your claim. Finally, we look at how one of our specialist No Win No Fee solicitors could help you.
As part of the free services we offer at JF Law, you could receive a case check to find out the strength of your claim. If your claim is strong, you could be connected with one of our experienced No Win No Fee solicitors. To get in touch:
- Call us on 0151 375 9916
- Contact us by filling out our online form
How Much Compensation For Concussion Could I Get?
If your claim for concussion compensation is successful, you will be entitled to general damages as part of your settlement. Fundamentally, the award of general damages aims to compensate you for any pain and suffering you experienced.
The Judicial College Guidelines (JCG) are used by lawyers and other legal professionals when assigning values to injuries and types of harm. This is due to the fact that the JCG contains compensation guidelines for many injuries and their severities.
All entries in the table below, apart from the first entry, have been taken from the JCG. Please bear in mind that the figures are merely guidelines and do not provide a guarantee of how much compensation you will receive.
| Type of Injury or Harm | Notes | Compensation Bracket |
|---|---|---|
| Multiple severe injuries with special damages | More than one form of severe injury with special damages such as loss of earnings and childcare costs | Up to £1,000,000+ |
| Very Severe Brain Damage | The level of award will be affected by the degree of insight, physical limitations and sensory impairment | £344,150 to £493,000 |
| Moderately Severe Brain Damage | This level of award will be determined by the ability to communicate, epilepsy and physical limitations | £267,340 to £344,150 |
| Moderate Brain Damage (i) | Where there is moderate to severe intellectual deficit and an effect on sight, speech, and senses with a risk of epilepsy | £183,190 to £267,340 |
| Moderate Brain Damage (ii) | Cases where there is a moderate to modest intellectual deficit and the ability to complete work | £110,720 to £183,190 |
| Moderate Brain Damage (iii) | Cases where concentration and memory are affected, fatigue may be a feature, where there is a small risk of epilepsy, and any dependence on others is limited. | £52,550 to £110,720 |
| Less Severe Brain Damage | The level of award will depend on the severity of the initial injury, the extent of any personality change and depression | £18,700 to £52,550 |
How Is My Final Settlement Figure Calculated?
Notably, there are many factors that may influence how your compensation is calculated. Moreover, each compensation payout is unique and is calculated on a case-by-case basis. Under your general damages, the following factors may be taken into account:
- The pain you experienced due to your injuries or harm
- Your recovery period
- Any loss of amenity
In addition to general damages, you could also be awarded special damages as part of your settlement. In essence, special damages aims to reimburse you for any financial losses you experienced as a result of the harm of injury. To illustrate, you may have paid out-of-pocket expenses for long-term physiotherapy and travel expenses for your concussion recovery.
Examples of special damages may include:
- Loss of earnings
- Childcare costs
- Medical expenses
- Travel expenses
- Home modification costs
It’s also essential that any special damages are supported with evidence in order to include them in your claim. Evidence could be provided in the following forms:
- Receipts
- Invoices
- Bank statements
- Payslips
To find out what special damages you could include in your claim, please contact our team today.
Can I Make A Concussion Compensation Claim?
You could make a concussion compensation claim, provided that you meet the eligibility criteria that establishes negligence:
- You were owed a duty of care
- This duty of care was breached by a third party
- You suffered a concussion as a result of this breach
Notably, there are many situations where duties of care are imposed, such as:
- On roads
- At work
- In public places
- Medical environments
Please keep reading our helpful guide to find out how breaches of duty can occur in each situation above. To find out more about your eligibility to claim, please contact one of our friendly advisors today.
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What Can Cause A Concussion?
There are numerous scenarios and accidents that may cause concussions and other resulting injuries. Please see below the most common causes and how claims could arise as a consequence.
Road Traffic Accidents
All road users owe a duty of care to avoid causing harm to others and to navigate roads safely. Moreover, road users must observe the rules and guidance set out in the Road Traffic Act 1988 and the Highway Code as part of their duty.
Therefore, you could make a road traffic accident claim if you experience a concussion as a result of another road user breaching thie duty of care. For example, another driver could cause a rear-end collision by failing to brake in time. As a result, you could suffer a concussion from hitting your head, as well as psychological injuries such as PTSD.
Accidents At Work
All employers must adhere to the Health and Safety at Work etc. Act 1974 as part of their duty of care. Under this, employers must take reasonable steps to ensure the safety of their employees. Employers can adhere to this duty by providing training sessions to staff, and performing regular checks on machinery.
Therefore, if you suffered a concussion as a result of your employer’s negligent actions, you could make an accident at work claim. For instance, you may suffer a slip, trip and fall accident after your employer failed to tidy loose wiring on a warehouse floor. Consequently, you could fall on your head, resulting in a concussion and related head injuries.
Public Place Accidents
Occupiers (a party in control) of public spaces hold a duty of care to ensure the reasonable safety of those using their facilities. This duty is set out by the Occupiers’ Liability Act 1957 (OLA.)
As a result, you could make a public liability claim if you suffered a concussion due to an occupier’s breach of duty of care. To illustrate, you could fall down the stairs at a library due to a faulty handrail. Due to this, you could hit your head and suffer from a concussion and anxiety as a result.
Sporting Injuries
If you’ve suffered a concussion as a result of a sporting injury that was held in a public place, you could also make a public liability claim. Under the previously mentioned OLA 1957, occupiers must take measures to keep visitors reasonably safe from harm on their premises. For example, occupiers could reduce risks at sporting events by replacing faulty equipment, clearing the pitch of obstacles and conducting risk assessments.
You could therefore make a claim for a concussion sustained during a sporting event due to an occupier’s breach in duty. For example, there could be a hole in the ground of a football pitch that an occupier failed to fix ahead of a match. As a result, you could trip over this hole and fall on your head, resulting in a concussion, ankle, and neck injuries.
Assault
If you’ve experienced a concussion due to an assault, you could make a criminal injury claim through the Criminal Injuries Compensation Authority (CICA.)
For instance, you could have been involved in the following situations:
- A third party could have attacked you at a bar after a confrontation. Consequently, you could’ve been pushed with force causing you to hit your head against a chair, resulting in a concussion. Along with this, you could also experience ABH and bodily scarring
- A criminal could threaten you in the street to give them your wallet and belongings, and you could show resistance. As a result, the person could physically attack you, causing a concussion and broken bone injuries.
Therefore, you could make a claim for criminal injury compensation for concussion compensation. Contact our advisors to learn more about claiming through the CICA.
Is There A Time Limit To Beginning A Concussion Claim?
Yes, you will typically have 3 years to start your claim for concussion compensation. As outlined by the Limitation Act 1980, the personal injury limitation period runs from the date of the accident.
Notably, there are two exceptions to this time limit, which include the following:
- If the claimant is a child, they cannot claim independently. Instead, the child is required to wait until their 18th birthday and from this date, the 3 year time limit will commence.
- If the claimant is lacking in mental capacity, the time limit will be paused indefinitely. Only if the claimant regains mental capacity will the 3 year time limit begin.
Alternatively, you could make a claim on behalf of a loved one in the above scenarios by assuming the role of a litigation friend. Typically, litigation friends are parents, guardians and even solicitors who work to ensure the claimant’s best interest is valued throughout the claims process.
To find out more about how you could make a claim as a litigation friend, please contact one of our helpful advisors today.
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The Symptoms Of A Concussion
There are a range of symptoms that could signal you’re experiencing a concussion. For instance, the most common indications include:
- A headache: This may vary in pain due to the severity of the concussion, yet it usually manifests as a constant mild to severe pain.
- Confusion: This may include difficulty concentrating and a disoriented feeling.
- Nausea or vomiting: This may manifest as a feeling of sickness, to physical vomiting.
- Dizziness: A loss of balance, a vertigo or spinning sensation.
- Memory loss: Such as a difficulty recalling or remembering events before or after the concussion
- Fatigue: This may include an overwhelming feeling of tiredness or drowsiness.
- Irritability and mood changes: This may manifest as mood swings and increased emotional sensitivity.
To talk more about your concussion experience, please contact a member of our team.
What Is Post-Concussion Syndrome?
Post-concussion syndrome (PCS) is a condition which can be identified by continuous symptoms following a concussion. Under this condition, symptoms can last from two weeks to months following the accident or harm. In rare cases, symptoms may even last years following a traumatic brain injury and resulting concussion.
Whilst the exact causes of PCS are unclear, there are various factors that may make you more susceptible to developing the condition, such as:
- If you have a history of previous concussions
- If you experienced concussion symptoms shortly after the injury, this could increase your risk
- If you’re a woman or of an older demographic
Ultimately, there is no definitive testing for PCP, and so treatment plans are usually focused on managing ongoing symptoms. Treatments may include:
- Rest and recovery from stress
- Therapies, such as cognitive behavioural therapy, physical therapy or vestibular physiotherapy
- Medications, such as pain relief, anxiety relief or antidepressants
To discuss more about claiming for post-concussion compensation, please get in touch with our team today.
What Concussion Injury Claim Evidence Will I Need?
To successfully claim for concussion compensation, it’s essential that you provide evidence. On the whole, it must be proven that you suffered a concussion as a result of a third party’s breach in duty of care. Evidence may include:
- Dash cam or CCTV footage of the accident. You have a legal right to request CCTV footage of yourself.
- Medical records detailing the injuries or harm you suffered
- Contact details of any potential witnesses who could later support your version of events
- Photographs or videos of the accident
- An accident report form if your accident occurred in the workplace or a public place
If you’re connected with one of our experienced solicitors, they could help collate evidence on your behalf. To find out how to start your claim today, please contact one of our friendly advisors.
Make A No Win No Fee Concussion Claim With JF Law
To start your claim for concussion compensation, please contact one of our helpful advisors today. From here, you could be connected with one of our specialist No Win No Fee solicitors to help you. By operating under a Conditional Fee Agreement (CFA), you could enjoy the following:
- You won’t pay any upfront or ongoing fees for your solicitor’s work
- If your claim is unsuccessful, you won’t be required to pay any solicitor service fees
- If your claim is successful, you will only be required to pay a small success fee for your solicitor’s work. Please bear in mind that the percentage is legally capped and it will be deducted from your compensation. Therefore, you’ll always receive the bulk of your settlement.
Furthermore, one of our experienced solicitors could provide you with the following additional benefits:
- Regular case updates
- Arrangements of an independent medical report to support your harm or injuries
- Explanations of key legal terminologies and help with signing legal documents
- Handling of all communications with the defendant
- Aid with any ongoing injuries by arranging physiotherapy
To learn more about the benefits of having a solicitor, please contact our team today.
Get In Touch With Our Solicitors
To start your claim for concussion compensation, please contact one of our friendly advisors today. Get in touch by:
- Call us on 0151 375 9916
- Contact us by filling out our online form
Learn More
To learn more about personal injury claims, please see some of our other guides:
- Get help with school accident claims
- Learn about serious injury claims
- See the following advice about how to make a finger injury at work claim
Additional external resources:
- See the following advice about head injuries and concussions from the NHS
- Learn about managing sick leave and return to work from HSE
- Get help with how to claim for statutory sick pay from Gov.Uk
Thank you for reading our useful guide about how to claim for concussion compensation.
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