Any head or brain injury could be traumatic and might be life-changing for the injured party as well as their family and friends. Some head injuries can result in concussions that cause problems for a few days or weeks while others can cause long-term problems. In the very worst cases, head injuries can be fatal. If you’ve injured your head in a car crash, a fall or an accident at work and someone else was to blame, you may be entitled to compensation.
In this article on claiming compensation for a head injury, we’ll explain how compensation could help you to deal with your injuries and when you might be entitled to claim.
If you’d like to begin a claim straight away, please call today on 0800 652 1345. Otherwise, please read on to learn more before calling.
Can I claim compensation for a head injury?
Our injury lawyers don’t want to waste anyone’s time. As such, before they’ll accept a head injury compensation claim, they’ll check it has a reasonable chance of success. To do this, they’ll review the facts to find out whether:
- The party you blame (the defendant) owed you a duty of care; and
- Their negligence caused you to be involved in an accident; and
- You suffered a head/brain injury as a result of the accident.
Legally, a duty of care can be established in various ways so you needn’t worry too much about this if your head injury wasn’t your fault. A solicitor will check which laws apply during your initial review.
If you have suffered a head injury, and it can be proven to have been caused by someone else’s negligence, we could help you take action. For example, you could sue your employer if you fell off a ladder and hit your head because it hadn’t been replaced after being found to be damaged.
Later on, we’ll look at the evidence you could use to support your case.
Types of head injury compensation claims
Here are some of the different head injuries that could lead to a compensation claim:
A concussion injury is where a bang to the head can lead to unconsciousness, confusion and dizziness. Other symptoms of a concussion include vision problems, nausea, loss of memory and ongoing headaches.
- Subdural haematoma.
These injuries can be serious and should be treated as soon as possible. They occur when blood collects in between the skull and the brain. In some cases, the pool of blood can collect instantly whilst, in other cases, it can take a period of days or weeks.
- Skull injuries and fractures.
Open-head injuries are much easier to diagnose because they are more likely to be visible to the naked eye. They can occur if an item has fallen from a height and struck the head, following a fall or because of violent crimes.
- Diffuse axonal injuries.
These injuries can cause permanent brain damage. They occur when the axons (nerve fibres) in the brain are sheared. This can happen in collisions such as those seen in road traffic accidents where the brain is forced back and forward inside the head.
If you’ve suffered a head or brain injury of any type in an accident caused by someone else, please get in touch.
How much compensation for a head injury?
It’s true that no amount of compensation will always make things better following a head or brain injury. However, it could help make it easier to deal with the physical or financial impact of your injuries. When making head injury compensation claims, you could seek damages to cover:
- The pain and suffering your head injury has caused.
- Any psychological harm that’s been caused by your injuries.
- The cost of a carer.
- Modifications to your home to help you deal with any disability resulting from your accident.
- Lost earnings and future loss of income.
- Medical expenses.
- Travel costs.
- The impact your injuries have on your social life and hobbies.
If your claim is accepted, your solicitor will review your claim thoroughly. They’ll do so to try and ensure nothing is missed in an effort to secure the maximum amount of compensation possible.
Brain damage compensation amounts
- Minor head injury with minimal brain damage, £2,210 – £12,770.
- Less severe head injury/brain damage, £15,320 – £43,060.
- Moderate head injury/brain damage, £43,060 – £219,070.
- Moderately severe head injury/brain damage, £219,070 – £282,090.
- Very severe head injury/brain damage, £282,090 – £403,990.
Common accidents causing head injuries
Here are a few common accidents that might mean you wish to claim for head injury compensation:
- If you are injured in a workplace accident because you fell from height because your employer failed to provide a safety harness.
- Where you were knocked off of your bicycle and suffered head injuries because another vehicle pulled out at a junction and hit you.
- Where you suffered a fractured skull from hitting your head on the ground after tripping on a raised paving slab.
- If you were hit over the head with a weapon during an assault or robbery.
- Where your head collided with the steering wheel of your car after being hit from behind in a car accident.
- Where fixtures in a shop fell on you because they were not secured to the wall or ceiling properly.
- Where you slipped on a wet floor and smashed your head against a wall because of a spillage or leak that hadn’t been cleared up promptly.
- If an item of stock fell from racking in a DIY shop because the shelving was damaged.
- Where you hit your head in a bus accident because the driver pulled away too fast or early causing you to fall.
Even if you don’t see a scenario above that matches your own, please get in touch. So long as your head or brain injury was someone else’s fault, we could help you to claim compensation.
Claiming compensation for a head injury at work
You are entitled to claim compensation for a head injury at work against an employer without being persecuted for doing so. It is illegal to be sacked, treated differently, demoted or denied opportunities because of an honest claim. As such, you shouldn’t put off claiming for fear of what might happen at work. For free advice on your options, please get in touch.
How to prove you suffered a head injury for your compensation claim
Most personal injury claims will be contested by the defendant’s insurers initially. It’s unusual for liability to be admitted from the outset which means you’ll need to prove what caused your head injury, who was to blame and how you’ve suffered. That’s why it’s important to supply as much proof as possible. Here are some examples of what you could use:
- Accident report forms. All employers and most businesses need to record any incidents on their premises. You should be given a copy of the report (or you can request one) and it could be used to prove when and where your accident occurred.
- Medical records. Notes from a hospital and any x-rays can be obtained to help prove the extent of your injuries. They could also prove what treatment you had to endure.
- CCTV footage. If the accident in which you sustained your head injury was captured on CCTV or dashcam, it can make it much easier to prove what happened. Try to secure a copy of the footage as soon as possible.
- Photographic proof. Additionally, you should try to take pictures of the accident scene if possible. Ideally, try to take pictures from various angles before anything is removed from the accident scene.
- Witness information. To help prove who was to blame for the accident, your solicitor might ask any witnesses for a statement, so try to secure their contact details straight away.
As part of your free head injury claim review, we can assess any proof you have collected. Please call today if you’d to know more.
Claiming compensation for someone else
It is possible to become a litigation friend if someone else is unable to claim compensation for themselves. We could help set this up for you if the claimant:
- Is a child – as children are not allowed to represent themselves legally.
- Doesn’t have the mental capacity to make a head/brain injury claim.
Once the paperwork has been filed and you’ve become a litigation friend, the claim will proceed as normal. If the claim is won, any settlement will be reviewed by a court and held in a trust fund until the child turns 18 years old or the claimant regains their mental capacity. As a litigation friend, you can request funds to be released by the court by explaining how it will help the claimant.
Claiming compensation for fatal brain damage
We could also help if you’ve lost a loved one because they sustained fatal brain damage in an accident that was not their fault. We will work with you compassionately and at a speed that suits you throughout the claim.
Initially, you could claim compensation on behalf of the deceased’s estate. Also, some relatives could claim a bereavement payment or compensation if they were financially dependent on the defendant. Finally, compensation could also be paid if you have any immediate expenses like funeral costs to cover.
Head injury compensation claims time limits
All head and brain injury claims have time limits in the UK. If you wait too long to take action, compensation might be refused because your claim has become statute-barred. Usually, you’ll have 3-years to claim from either:
- The date you were injured; or
- The date your injuries were diagnosed.
The 3-year time limit will not apply if you’re claiming for someone else while:
- The claimant is under 18 years old; or
- They don’t have the mental capacity to deal with the claim themselves.
In these scenarios, you could begin the claim at any point. Please call if you’d like to confirm how long you have left to claim.
No Win No Fee head injury claims
There is no doubt that the cost of using a solicitor might stop you from seeking legal representation. However, having a solicitor on your side could improve your chances of winning your case. As such, to enable more people to benefit from their legal expertise, our solicitors offer a No Win No Fee service to all accepted claimants. Find out more on how No Win No Fee works.
At the start of the case, your solicitor will check that they’re happy to represent you. If you both agree to work together, you’ll be sent a Conditional Fee Agreement (CFA). This will explain what your solicitor will do for you and the conditions that need to be met before you need to pay for their work.
As with any contract, you should read your CFA carefully before signing. However, the crux of the matter is that you won’t pay any solicitor’s fees in advance. If your claim is won, you’ll pay a success fee to cover your solicitor’s work. This is listed in your CFA as a fixed percentage of your compensation that will be deducted before you’re paid. You do not pay the success fee unless you are paid compensation.
By law, no more than 25% of your compensation can be retained by your solicitor when your case is funded by a CFA. Want to check if you could claim on a No Win No Fee basis? If so, please get in touch.
Start a head/brain injury claim today
If you or a loved one has suffered a head or brain injury caused by someone else’s negligence, please get in touch if you’ve decided to take action. If you call us on 0800 652 1345, a specialist advisor will review your claim and explain your options for free.
If you decide to proceed, and your claim is accepted, one of our personal injury solicitors will be appointed to work for you. Importantly, you’ll only pay their fees if you’re compensated because of their No Win No Fee service.
Thanks for reading this article on head injury claims, and please get in touch if you’d like any further information.