Brain Injury Claims – How Much Compensation Am I Eligible To Claim?

While the process of claiming compensation for a brain injury is generally the same as with other personal injuries, brain injury claims can be far more complex as they must compensate for any future requirements the claimant has as well as for the pain and suffering they initially sustained.

In our brain injury claims guide, we’ll explain what types of accidents can cause such injuries and we’ll also look at what level of compensation might be paid.

If you wish to claim, we are ready to help. We will start by providing a no-obligation review of your case and will give free advice on what you should do next. If your claim has a reasonable chance of success, we could appoint one of our specialist solicitors to file your brain injury claim. If that happens, you’ll benefit from our No Win No Fee service.

Please read on to learn more about claiming compensation for brain damage. After you have finished, please get in touch with any questions on 0800 6524 881 if you wish to do so, or use our live advice service.

Am I Eligible To Make A Brain Injury Compensation Claim?

There are many different ways in which a brain injury might happen. They can range from medical negligence to road traffic accidents. Generally, though, to be eligible to make a successful brain injury claim, you’ll need to demonstrate that:

1. The defendant owed you a legal duty of care;
2. That duty was breached and negligence caused something to go wrong; and
3. As a direct result of the negligence, you sustained a brain injury.

In a later section, we’ll look at the types of scenarios that might lead to brain injury claims. Next, though, we are going to concentrate on what evidence you’ll need to help make your claim successful.

Evidence To Support A Brain Injury Claim

Importantly, the steps that follow for collecting supporting evidence for a brain injury claim are mainly for personal injuries. Evidence for proving causation in medical negligence cases will typically be slightly different but we can still review your options when you call.

• Safely photograph the accident scene before anything has been removed where possible.
• Writing down the names and contact details of all witnesses to the accident.
• Seeking medical treatment. This may involve calling the emergency services or visiting A&E.
• Contact the police if you’ve been involved in a serious road traffic accident.
• Trying to obtain copies of CCTV or dashcam footage where available.
• Keep a record of all costs you incur because of your brain injury.
• Reporting accidents at work or accidents in public places so that they are recorded in an accident report book.

Each of these steps could improve your chances of proving who caused the accident and how you were injured. For example, medical records could be used to show the extent of head injuries that have affected your brain. Similarly, dashcam footage could make it hard for the defendant to deny liability for your injuries.

If you are unsure whether you have the evidence to proceed, why not give us a call? We will review how your accident happened and what evidence you have already. Even if you don’t go on to make a brain injury claim, we’ll offer free advice about the options available to you.

Common Accidents Leading To Brain Injury Claims

There is a vast array of different scenarios that can result in brain injury claims. We won’t list all of them here so bear in mind that you could still claim for situations not included in the list below:

• Road Traffic Accidents (RTAs). In serious RTAs, life-changing injuries such as brain injuries might be sustained. This could lead to short-term or long-term suffering.
• Criminal assault. If you suffer a brain injury following a violent crime against you, a claim might be possible through the Criminal Injuries Compensation Authority.
• Sporting injuries. You may be able to claim for brain injuries sustained during a sporting event. This might be the case if the organiser provided inadequate safety equipment or the pitch was not in a suitable condition to play on.
• Medical negligence. Avoidable injuries caused by medical negligence could also entitle you to compensation. Anaesthetic errors, birth injuries, surgical errors and anaesthetic mistakes could all cause brain injuries for which you could be entitled to compensation.
• Accident at work claims. Our final example is where you’ve sustained a brain injury at work because of your employer’s negligence. For example, if you sustained brain damage when you fell from a height because your employer was negligent in failing to supply adequate protective equipment.

To check whether you have the grounds to claim for a brain injury, please contact our specialists today.

How Much Compensation Do You Get For Brain Injury?

As brain injuries affect people differently, it’s not possible to tell you accurately how much compensation you could receive for brain injury in this guide. Generally, though, brain injury compensation payouts are based on:

• The extent of your injury (both physically and mentally) and the impact it will have on you. For example, traumatic brain injuries that cause long-term communication problems will receive more compensation than shorter-term problems that are resolved by treatment.
• Any costs associated with your injuries. For example, your claim might need to include any care costs, adaptations to your home, travel expenses and non-NHS medical costs.

If your claim is accepted, your solicitor will determine what you’ll claim for once they have reviewed your case fully. Please call today if you’d like your case to be reviewed in more detail.

Can I Get Interim Payments For My Brain Injury Claim?

In cases where the claimant’s brain injury is severe and they need immediate financial support, interim payments might be available before the final settlement is reached.

Interim payments can help cover costs such as medical treatment, care needs, or loss of income while the claim is ongoing. These payments are only made if the defendant has admitted liability or if a strong case has been established. If you think you may be eligible for interim payments, our solicitors can discuss this option with you.

Brain Injury Compensation Payout Amounts

The Judicial College Guidelines are something that insurers and solicitors use to help determine brain injury compensation payouts. It contains a list of different personal injuries and the associated compensation range. To show you some of the relevant figures, we’ve provided guideline compensation amounts below.

• Very severe brain injuries £344,150 to £493,000.
• Moderately severe brain injuries £267,340 to £344,150.
• Moderate brain injury £52,550 to £267,340.
• Less severe brain injury £18,700 to £52,550.
• Minor brain injury £2,690 to £15,580.

Importantly, brain damage is valued by its severity. Therefore, you’ll need to attend a medical assessment as part of any claim. This can be arranged locally or in the hospital in more serious cases. An independent expert will review the extent of your injuries and provide a prognosis in a report that will be sent to your solicitor.

Time Limits For Claiming Brain Injury Compensation

In most personal injury and medical negligence claims, there is a 3-year time limit to start court proceedings. This time limit usually begins either from the date of the accident that caused the brain injury or sometimes from your “date of knowledge”, for example, if your symptoms were not immediately linked to the incident.

Importantly, if a child has suffered a head injury causing brain damage, the 3-year time limit doesn’t apply until their 18^th birthday. A parent or guardian can, however, claim brain injury compensation on their behalf at any time before they turn 18. For claimants without mental capacity (adults or children), the time limit is suspended unless they regain capacity.

In these cases, a friend, relative, or guardian can become the claimant’s litigation friend. They will handle the claim, work with solicitors, and liaise with the court. If compensation is awarded, the court may place it into a trust fund, and the litigation friend can request withdrawals by explaining why the funds are needed.

If you need assistance with a brain damage claim, please get in touch for more information.

How Long Do Brain Injury Claims Take?

The length of time a brain injury claim takes can vary depending on the complexity of the case. Some claims may be settled in a few months if liability is clear, while others, especially those involving traumatic brain injuries, can take longer, sometimes years, if the full impact of the injury needs to be assessed.

Generally, the more severe the brain damage and the higher the compensation sought, the longer the process might take. However, as we’ve mentioned earlier, interim payments can sometimes be made to cover immediate costs while the claim is ongoing.

Do I Need A Personal Injury Solicitor To File A Brain Injury Claim?

Brain injury compensation is designed to help claimants recover from the effects of somebody else’s negligence. Therefore, it’s vital to ensure that the right amount of compensation is awarded, particularly if long-term care and support are required.

We believe it is more likely that the correct level of compensation will be paid if an experienced legal specialist works on the case. If we accept your claim, your No Win No Fee personal injury solicitor will do all they can to ensure you receive the highest level of compensation possible.

They will carefully assess how your brain injury has impacted your life and gather evidence to strengthen your brain injury claim. As you can imagine, some of the questions posed by a defendant’s lawyer might be complex medical or legal queries. Therefore, your solicitor will deal with all of these using their own medical experts where needed. As things progress, they’ll be there to answer any questions you might have and they’ll also update you as often as needed.

Starting The Brain Injury Claims Process

If you would like to see whether you’re eligible to start the brain injury claims process, call our accident claims line today.

Alternatively, you can fill in a form on this page to request a callback at a time that suits you. Our claims advisors are generally online 24/7 via our live chat. Whatever happens, you’ll receive a free review of your case along with free claims advice.

Thank you for reading our guide on brain injury compensation claims, and please don’t hesitate to connect with an advisor on 0800 6524 881 if you’ve got any further questions.