Last updated on July 5th, 2022 at 02:21 pm
If you’ve sustained a concussion injury because of somebody else’s negligence in a car accident, an accident in the workplace or something else, you may be eligible to make a concussion injury claim for compensation.
We specialise in helping potential claimants with personal injury claims. If you call our claims line your case will be reviewed, for free, by one of our advisors. They’ll also explain your options and offer free legal advice. If your claim appears to have a decent chance of success, you’ll be referred to one of our personal injury solicitors. Any case they agree to work on will be managed on a No Win, No Fee basis. That means you won’t have to worry about paying for your solicitor’s work unless you are compensated.
If you’re ready to start a concussion injury claim now, please call us on 0800 652 1345. Otherwise, to learn more about concussion claims first, please carry on reading.
What are concussion injuries?
Awareness about the seriousness of concussion injuries has increased a lot over recent years. Concussions are traumatic brain injuries that can affect how your brain functions. Previously, a concussion was often brushed off as just “one of those things” that happen in accidents. However, even the most minor forms of concussion can last a couple of weeks and cause serious symptoms.
Concussion injuries commonly occur following falls from height, road traffic accidents, sporting incidents and physical attacks.
Symptoms of concussion
It is important to realise that you might not immediately realise that you’ve suffered a concussion injury after an accident. In some cases, symptoms will not present immediately and they may not be linked to your accident until a doctor has diagnosed the condition correctly.
Some of the most common symptoms of a concussion include:
- Appearing confused.
- Loss of consciousness.
- Changes in your vision including seeing stars or spots.
- Being irritated by bright light or loud noises.
- Nausea or vomiting.
- Feeling anxious.
Somebody with a concussion injury may not necessarily have all of the symptoms listed. If you have been involved in an accident causing a head injury, you should seek medical advice from NHS 111 or at a hospital to check if you’ve suffered a concussion. If a concussion injury is not treated, it could potentially lead to long-term suffering. In the very worst cases, untreated bleeds on the brain could be fatal.
Can I claim compensation for a concussion injury?
So that our solicitors don’t waste your time, they’ll only consider helping you claim compensation for a concussion injury if:
- The defendant owed you a duty of care; and
- Because of an act of negligence, the defendant caused an accident; and
- You sustained a concussion injury during the accident.
There are various laws that might be used to establish a legal duty of care. For example, if you suffer a head injury at work, the Health and Safety at Work Act 1974 might be relevant. Similarly, if you’re concussed after being knocked off your bike by another road user, the Road Traffic Act 1988 might apply.
Proving a duty of care should not be your main concern as this is something that will be clarified by your solicitor. Instead, it may be worth spending some time collecting proof to support your concussion injury claim, if you’re able to. We’ll explain what proof could help a little later in this article.
Types of concussion injuries you could claim compensation for
We are now going to review a few of the most common reasons for concussion injury claims. If we don’t list an accident similar to your own, don’t worry. You could still be entitled to compensation so please call to discuss your options.
Concussions from an accident at work
Employers need to take reasonable steps to try and keep you safe while you’re working. If they fail to do so, they may have breached their duty of care. Some examples of when you could be compensated after being concussed at work include:
- If you fell from height because you weren’t provided with an adequate safety harness – See our fall from height claims page.
- Where poorly stacked shelves or faulty racking caused an item to fall and strike you on the head – See our racking accident claims page.
- If you were struck by a faulty or poorly maintained piece of machinery in the workplace – See our workplace machinery injury claims page.
- If you fell down a flight of stairs after slipping on a puddle caused by equipment that was known to be leaking – See our fell down stairs at work claims page.
You should not be concerned about starting a claim against your employer as laws exist that make it illegal for you to be disciplined or dismissed for doing so. Please call today to find out if one of our workplace accident solicitors could help you.
Concussions from sports
If you play a contact sport, there will be some element of risk associated with your participation. However, you could be compensated for a concussion if your injury was caused by:
- Poor supervision or coaching.
- Accidents caused by unsafe playing conditions.
- Violence on the pitch.
- Goals or other pitch furniture falling on to you because it had not been secured properly.
See our sports injury claims page for more details on these types of compensation claims.
Concussions from physical assaults
If you are attacked and sustain a concussion, you could seek damages for your injuries through the Criminal Injuries Compensation Authority (CICA). They allow claims for injuries sustained during crimes that have been reported to the police even if the criminal has not been identified, charged or prosecuted. There is a 2-year time limit for CICA claims.
See our criminal injury claims page for more details on how we can help with these types of claims.
Concussions from road traffic collisions
Concussions are fairly common injuries sustained during a road traffic collision. All road users could potentially claim for injuries sustained in an accident caused by somebody else including drivers, passengers, cyclists, motorcyclists and pedestrians. As such, a concussion injury claim might be possible for accidents caused by:
- Speeding drivers.
- Road rage.
- Drink driving.
- Distracted drivers.
- Vehicles pulling out in front of you at a junction.
- Drivers opening their car doors and knocking cyclists off their bikes – See our cycling injury claims page.
See our road traffic accident claims page for more information on this type of compensation claim.
Concussions from medical negligence
If you or a loved one have suffered because a doctor failed to diagnose or treat a concussion injury correctly, you could be entitled to compensation for medical negligence. These claims can be fairly complex so we would suggest discussing your options with one of our specialist advisors.
How much compensation for a concussion injury?
It’s important to assess the impact of your injuries before filing a concussion compensation claim with the defendant. If you work with one of our personal injury lawyers, they will assess how you’ve been affected physically and mentally (general damages) and any financial impact (special damages). If your claim is successful, your solicitor could secure damages to cover:
- The pain and suffering the concussion has caused.
- Any psychological impact caused by your concussion including distress, anxiety, depression, or PTSD – See our psychological injury claims and PTSD claims pages.
- Loss of income if your injuries stopped you from working.
- Any impact your concussion injury had on your family, your hobbies or your social life.
- The cost of replacing any personal property damaged at the time of the accident.
- Care costs to cover the time somebody else spent supporting you while you were injured.
- Travel expenses.
- Medical costs including, in some cases, private medical treatment.
- Future loss of earnings.
- The cost of adapting your car or home to help you deal with any permanent disability.
Concussion injury compensation amounts
- £2,210 – £12,770 compensation for concussion resulting in minimal brain damage.
- £15,320 – £43,060 for concussion resulting in a less severe brain injury.
- £43,060 – £219,070 for a moderate brain injury.
- £219,070 – £282,090 for a moderately severe brain injury.
- £282,090 – £403,990 for a very severe brain injury.
Will I need a medical assessment for my concussion injury?
As part of a concussion claim, you will need to be assessed by an independent expert. They will discuss how you’ve been affected by your injuries and examine you. They may also read through your medical records. After they have completed their examination, they’ll produce a report for both parties in your claim to explain your prognosis.
Providing proof for concussion injury compensation claims
If you decide to sue somebody because you believe they caused your concussion, the claim will more than likely end up with their insurance company. They will usually refuse to pay you a penny in compensation unless you can clearly show how their client was responsible for the accident and how serious your concussion injury was. The types of proof that you could use to try and win your claim include:
- Medical evidence. We’d suggest that any head injury should be investigated by a medical professional at a hospital. They will determine the extent of your concussion and what treatment is necessary. Your medical report could be obtained as part of your claim to confirm the extent of your injuries.
- Accident report forms. If you have an accident in a public place or at work, report it. A copy of the incident report will make it difficult for the defendant to deny that the accident happened.
- Witness details. You should give your solicitor the contact details for anybody who saw your accident occur. Witness statements might be required if the defendant’s version of events differs from your own.
- Camera footage. If your accident happened in sight of a CCTV camera or dashcam, try to obtain a copy of the footage as soon as possible.
- If you’re able to, you should try to take pictures at the accident scene. Ideally, you should try to include the cause of the accident before it’s moved or replaced.
We’ll review any proof you’ve collected already during your free consultation.
Concussion injury claim time limits
You will have 3-years to make your concussion injury claim starting from:
- The date you sustained your concussion injury; or
- The date your concussion was diagnosed by a doctor.
Rather than waiting until the end of the limitation period, we’d suggest that you begin as soon as possible. This will allow enough time for proof to be gathered and medical reports to be obtained.
If your child has sustained a concussion injury, the 3-year time limit will not apply until their 18th birthday. That means you could claim at any point on their behalf before that date.
Concussion claims may be settled in around 6-months or so if you’ve fully recovered and the claimant has agreed that they were liable for the accident. However, if they contest liability or more time is needed to confirm the extent of your injuries, some claims will take more than a year.
No Win, No Fee concussion injury claims
So that you won’t need to worry about the financial risks of claiming compensation for a concussion, your solicitor will provide a No Win, No Fee service if your case is taken on. That means that:
- No upfront payment is needed to cover your solicitor’s work.
- You don’t pay your solicitor if the claim fails.
- A success fee will be deducted from any compensation paid to cover your solicitor’s time and expenses.
The type of contract our solicitors use is called a Conditional Fee Agreement (CFA). This will confirm all of the above and it will clearly show you what success fee you’ll pay if your case is won. This fee is legally capped so it cannot exceed more than 25% of your settlement amount.
Please get in touch to see if you could be supported by one of our No Win, No Fee solicitors.
Start a concussion injury compensation claim today
Our team is ready to help if you have decided to sue for a concussion injury. To start the ball rolling simply call us today on 0800 652 1345 and let us know about your claim.
All accepted claims are handled on a No Win, No Fee basis which should make the whole process a lot less stressful.
For further advice on concussion injury claims, please discuss your case with an online advisor using our live chat service.