One of the skull’s main functions is to protect the brain. As such, if the skull is fractured, it can have potentially life-changing ramifications. If you or a loved one has suffered a fractured skull through no fault of your own, it might be possible to claim compensation for your suffering. This article on fractured skull injury claims will explain the types of accidents you could claim for and how the claims process works.
A member of our team can help if you’d like a free initial consultation about your claim. You won’t be under any obligation to work with us if you do call but we’ll provide free legal advice about your next potential steps. If you do wish to make a claim and a solicitor from our panel agrees to help, you’ll benefit from their No Win, No Fee service. As such, your solicitor won’t expect to be paid any legal fees unless you receive compensation.
There’s more information on fractured skull compensation claims throughout this guide, so please read on. Alternatively, call 0800 652 1345 today to speak to a member of our team.
Types of skull fractures you could claim compensation for
It is possible to seek compensation for any type of fractured skull that was caused by someone else’s negligence. However, there are four major types of skull fractures that can occur:
- Linear skull fractures. This is where there is a break in the skull but the bone does not move.
- Diastatic skull fractures. These types of skull fractures are more common in children. They are where a fracture occurs in the suture lines of the skull (where the bones of the skull fuse when we are children).
- Depressed skull fractures. Where trauma to the head forces part of the skull to sink down. As this part of the skull might press onto the brain, surgery may be required.
- Basilar skull fractures. The most serious type of skull fracture involves breaks in the base of the skull (the cranial floor). Surgery may be needed to repair the bone, blood vessels or to release pressure on the cranial nerve.
If a skull fracture is suspected, X-rays and CT scans may be performed for confirmation. While some skull fractures will heal themselves, others may require surgical intervention and many months of rehabilitation.
Can I claim compensation for a fractured skull?
If you ask a personal injury solicitor to help you to lodge a fractured skull injury claim, they’ll first review the case with you to determine whether:
- Legally, the defendant owed you a duty of care; and
- Because of the defendant’s negligence, an accident occurred; and
- Your skull was fractured during that accident.
Proving how your skull was fractured and who was to blame is an important part of the claims process. For this reason, we’ll look at the types of proof that could be used to improve your chances of being compensated for a fractured skull in this guide.
Common accidents that cause fractured skulls
As explained in the previous section, any accident caused by someone else’s negligence could allow you to make a fractured skull injury claim. Some of the most common include:
Items falling from a height
A skull fracture can be caused by items that are dropped or have fallen from a height. For example, you could claim for skull fractures caused by items falling from scaffolding as you walked past or poorly secured signage in a shop that fell and cracked your skull.
Your employer needs to take steps to protect you at work. For example, they may need to provide hard hats, train you on health and safety, maintain machinery regularly and carry out risk assessments. If your employer has breached their duty of care by not providing PPE etc and you’ve fractured your skull at work as a result, a claim might be possible.
Road traffic accidents
Accidents and collisions involving motorcycles, cars, bicycles, or pedestrians can lead to significant head trauma and skull fractures. The impact force during a car crash can cause the head to strike the windscreen, steering wheel, or other hard surfaces. If the accident resulted from another road user’s negligence, you might be entitled to compensation.
Slips, trips and falls
Falls are one of the most common causes of skull fractures, especially among children and older adults. Falls from heights, tripping and falling on pavements, or falling down stairs at work can all result in head injuries and skull fractures. If you’ve fractured your skull after falling because of hazards like wet floors, torn carpets or pavement defects, we might be able to help you claim.
This is just a sample of the types of accidents that could mean you’re entitled to lodge a fractured skull compensation claim. Even if we’ve not listed your accident here, we can still offer a free consultation so please call to discuss your options.
Providing proof for fractured skull injury claims
Any insurer who deals with a fractured skull injury claim is likely to deny liability on behalf of the defendant from the start of the claims process. As such, your solicitor will need to convince them why you deserve to be compensated by supplying proof to show how the accident happened.
For fractured skull injury claims the types of proof that can help are:
- Accident reports. Legally, most companies need to keep a record of any accidents in a report book. A copy may be obtained to prove exactly where and when the incident that caused your skull fracture occurred.
- Investigation reports. In some cases, your accident might have been reported to the Health and Safety Executive (HSE). If that’s the case, their report could shed some light on the cause of your fractured skull injury.
- Medical reports. X-rays, brain scans and medical notes from the hospital that treated your fractured skull will be requested. They can help to prove the extent of your injuries.
- Witness statements. If your accident was seen by others, they might be asked to provide a statement about what they saw to help clarify the cause of the accident.
- Photographic proof. You could supply photographs of any visible head injuries to demonstrate how you’ve suffered. Additionally, photos taken at the accident scene could be used to prove why you were injured.
- Video records. Video footage from dashcams, body-worn cameras, mobile phones or CCTV footage could all be used to help prove who was responsible for your fractured skull.
Whether you’ve got all of the proof listed here or not, please call 0800 652 1345 today to discuss your fractured skull injury claim. If your case proceeds, your solicitor will attempt to collect any more information that’s needed to support your claim.
How much compensation for a fractured skull injury?
There’s no set compensation payout for a fractured skull as each claimant is affected differently. As such, your solicitor will try to determine how you’ve been affected physically, mentally and financially. This means a compensation settlement for a fractured skull could consist of elements covering:
- Physical pain and discomfort.
- Fear, distress, anxiety and other forms of psychological harm.
- Private treatment costs and other medical expenses.
- Lost earnings.
- Travel costs eg the cost of fuel and parking for medical appointments.
- Loss of amenities if your fractured skull stops you from enjoying your normal activities.
- Personal property replacement costs.
- Future earnings losses if your capacity to work is reduced by your skull fracture.
- The cost of adapting your home to make it easier to cope if you’ve been left with a permanent brain injury or disability.
Assessing the extent of your suffering is important as only one claim is possible for the same incident. So, before your claim is filed, your solicitor will go through everything with you to make sure you are fully compensated.
How will my solicitor know how my skull fracture has affected me?
No Win, No Fee claims
We believe that being represented by a personal injury solicitor from our panel will make your fractured skull injury claim a lot easier and much less stressful. It could even result in you being awarded a higher level of compensation.
We also know that many people are concerned about the cost of hiring a specialist solicitor. To remove that worry, our solicitors offer a No Win, No Fee service for all claims they work on.
If your claim is accepted, you’ll be sent a Conditional Fee Agreement (CFA). Once you’ve signed the contract, your solicitor will get to work right away. They’ll collect any available proof they need and contact the defendant on your behalf.
Throughout the claims process, your solicitor will shield you from any difficult questions by handling all communication but they’ll update you regularly so you know how things are progressing. You’ll also be involved in reviewing any settlement offer before it is accepted.
Fractured skull injury claim time limit
In UK law, there is a 3-year limitation period for fractured skull injury claims. In most cases, this is a 3-year period that will start from:
- The date that your accident occurred; or
- Your date of knowledge. This may be relevant if your fractured skull wasn’t diagnosed until a later date.
Importantly, if your child has fractured their skull, the time limit for claiming won’t begin until their 18th birthday. That means you can claim at any time before then. Similarly, if a claimant lacks the mental capacity to make a fractured skull injury claim themselves, there is no time limit applied until their mental capacity is regained. As such a friend or family member could claim on their behalf.
We usually suggest claims should be started as soon as possible. This is likely to make finding proof and medical information easier and will also mean you’ll be compensated faster if your claim is successful.
Claiming fractured skull compensation on behalf of someone else
You might need to start a fractured skull injury claim for someone else if the injured party:
- Is under 18 years of age; or
- Lacks the mental capacity to manage the claim on their own.
Our solicitors can help you to become the claimant’s litigation friend if this is something you’d like to do. Once the paperwork has been approved, you’ll be able to deal with the case on behalf of the claimant and instruct the solicitor on how to proceed.
If compensation is paid, a court will place the settlement into a trust account. This will be released to the claimant when they turn 18 or if they regain their mental capacity. Before then, you’ll be able to ask the court for funds as and when they are needed.
Start a fractured skull compensation claim today
We’re ready to help if you’d like to discuss claiming compensation for a skull fracture. If you call 0800 652 1345 today, a member of our team will assess the merits of your case with you for free.
During your call, your advisor will check if you’ve got grounds to claim and, if you have, refer you to a personal injury lawyer from our panel. Remember, no legal fees need to be paid upfront as all accepted claims are processed on a No Win, No Fee basis.
If you’d like to know anything else about fractured skull injury claims, please call or connect to our live chat service.