Last updated on May 12th, 2022
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.
Table of contents
- Am I Eligible To Make A Brain Injury Claim?
- Evidence To Support A Brain Injury Claim
- Common Accidents Leading To Brain Injury Claims
- How Much Compensation Do You Get For Brain Injury?
- Brain Injury Compensation Payout Amounts
- Brain Injury Claims Time Limits
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:
- The defendant owed you a legal duty of care;
- That duty was breached and negligence caused something to go wrong; and
- 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.
Importantly, the steps that follow for collecting supporting evidence for a brain injury claim are mainly for personal injuries. Evidence for 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.
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.
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 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.
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 the compensation amounts below.
- Very severe brain injuries £282,010 to £403,990.
- Moderately severe brain injuries £219,070 to £282,010.
- Moderate brain injury £43,060 to £219,070.
- Less severe brain injury £15,320 to £43,060.
- Minor brain injury £2,210 to £12,770.
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.
As with any type of personal injury or medical negligence claim, there is a 3-year time limit. This will either commence from the date of the accident that caused your brain injury or from when it was diagnosed.
When a child has suffered a head injury causing brain damage the time limit does not apply until they turn 18 years old. A parent however can claim at any point before their 18th birthday. For claimants who don’t have the mental capacity to take legal action (adults or children), the time limit will not apply unless they regain mental capacity.
In these cases, a friend, relative, or guardian can become the claimant’s litigation friend. By doing so, they will conduct the brain injury claim on behalf of the claimant and deal with courts or solicitors on their behalf. Where a compensation amount is settled upon, a court will check that it’s appropriate and place it into a trust fund. Money can be withdrawn by the litigation friend if they approach the court in writing and explain why the money is needed.
We are able to help with these types of brain damage claims so please get in touch if you would like further details.
Brain injury compensation is awarded to help claimants recover from the effects of somebody else’s negligence. It’s therefore important to ensure that the right amount of compensation is paid. This is especially true where the claimant is going to require care and support for the long term.
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 personal injury solicitor will do all they can to ensure you receive the highest level of compensation possible.
At the start of the claims process, they will listen carefully to how your brain injury has affected you. They will then move on to collecting evidence to support 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.
If you would like us to consider your case, call our accident claims line today. Whatever happens, you’ll receive a free review of your case along with free claims advice. To start the ball rolling, you can call us on 0800 6524 881.
Thank you for reading our guide on brain injury claims.