Concussion is a word that’s used a lot but many people don’t realise that it actually means you’ve sustained a temporary brain injury. While symptoms can ease after a few hours, in some cases concussion can lead to long-term suffering. Anyone who has sustained concussion injuries that were caused by a third person’s mistake or negligence may be entitled to compensation for their injuries.
In our guide to concussion injury claims, we’ll look at what scenarios could make you eligible to start a compensation claim, who you could claim against, and how much compensation you could claim for concussion.
If you’re considering starting a concussion compensation claim, our team can help. A claims advisor will happily listen to what’s happened and review your options for you. You’ll get free advice and, if your claim appears strong enough, they could refer you to one of our personal injury solicitors. For any concussion injury claim that is taken on, your solicitor will represent you on a No Win No Fee basis.
Please read on to find out more about concussion injury claims. Alternatively, please call the number at the top of the page if you’d like to begin your claim right away.
- Are You Eligible To Claim Compensation For Your Concussion Injury?
- How Much Compensation For Concussion?
- Concussion Injury Claims – Common Causes
- Common Symptoms And Consequence Of Concussion
- Concussion Injury Claims Time Limits
- How Will Your Concussion Injury Claim Benefit From Using A Solicitor?
Claiming compensation for your concussion injury might be possible if you were injured following somebody else’s negligence. There are some criteria that a personal injury solicitor will check before accepting your claim. If you’re eligible to claim compensation, you should be able to answer yes to the following questions:
- Did the person/entity you blame owe you a duty of care?
- Were they negligent and did they cause an accident to happen?
- Did you suffer concussion in that accident?
Where the answer to all three questions is yes, your case could be taken on by our No Win No Fee solicitors. When you speak with one of our advisors, they’ll be able to check if you were owed a duty of care if you’re not sure. This is usually established by legislation such as the Health and Safety at Work Act 1974 or the Road Traffic Act 1988.
To help answer the other questions, evidence will be needed. Therefore, if you’ve suffered a concussion injury through no fault of your own, you should:
- Seek medical treatment. This might be via a 999 call, a trip to A&E, or a visit to a minor injuries unit. Following treatment for head injury and concussion, your medical records could help to prove how serious your injuries were.
- Take photographs/video at the scene. Where you’re able to do so, take pictures/video of the accident scene. Preferably, you should do this before anything is moved.
- Report the incident. By law, businesses and other organisations must record any accident on their premises. You may be given a copy of the report (or you can request one). It can be helpful in proving exactly where and when the accident took place.
- Speak to any witnesses and note their contact details. If the defendant in your case denies liability for the accident or your concussion injury, your solicitor could ask anybody else who saw what happened for a statement.
- Obtain camera recordings. If the accident was captured on camera (CCTV, dash cam etc), ask for a copy of the footage. Act swiftly on this as recordings are often deleted within days or weeks.
Once you’ve gathered as much as you can, or want us to help gather evidence, call our team on 0800 6524 881 and a solicitor could review the evidence with you.
How much compensation for concussion you might receive isn’t a pre-determined amount. Instead, solicitors base personal injury claims on two heads of loss. They are:
- General damages. Where you will claim compensation for the pain, suffering and loss of amenity you’ve suffered. To help prove how serious your concussion injury is, you may need to have an independent medical assessment. Our solicitors can usually arrange these locally.
- Special damages. This part of your claim is for compensation based on any costs, expenses, or monetary losses you’ve incurred because of the concussion. They might include care costs, lost income, travel expenses or medical costs.
When you call our team, they’ll explain what you could claim for once your case has been reviewed. You can also visit our page here for more information on these damages.
Ultimately, what you can claim for and the compensation you are entitled to after a concussion injury will depend on the severity of the injuries, the cost of treatment, and other expenses directly related to the injuries, as mentioned above. However, we can provide estimated amounts because of the compensation ranges provided by the Judicial College. These figures are used by solicitors and insurers so we’ve used them below.
*Please note that the compensation amounts shown should be used for guidance only, and only related to general damages.
- £264,650 – £379,100 compensation for very severe brain damage.
- £205,580 – £264,650 compensation for moderately severe brain damage.
- £40,410 – £205,580 for a moderate brain injury.
- £14,380 – £40,410 compensation for concussion from a less severe head/brain injury.
- £2,070 – £11,980 compensation for concussion from a minor head/brain injury.
Concussion injuries that have caused epilepsy and other such conditions, psychiatric and psychological conditions, could also have these factors included into the compensation.
Concussion injury claims typically occur after a severe blow to the head due to negligence or violence. This could happen almost anywhere. Some of the more common causes of concussion injury claims include:
Car accidents –
Road accidents include collisions between two or more vehicles or collision into a parked vehicle. Concussion injury claims could also occur if a pedestrian gets knocked down by a vehicle or in hit and run accidents.
Two-wheeler accidents –
Cyclists and motorbike riders are particularly vulnerable because of the complete lack of any type of protective barrier between them and the road, or other larger vehicles. Severe head and brain trauma are more likely to occur if the rider is not wearing a crash helmet.
Participating in certain sports –
Some sports, such as American football, rugby, and real football, carry a higher risk of head and brain trauma. Players can potentially suffer concussion injuries when they are tackled, suffer concussion when they head the ball or if the ball strikes them on the head.
Violent physical attacks –
Anyone who suffers a blow to the head after a violent physical attack, either by a stranger or because of domestic violence, may also suffer from concussion injuries.
Falling and slipping –
The injuries that occur after a slip and fall could range from minor bumps and bruises to broken bones and concussion injuries. You are more likely to suffer severe brain trauma if you bang your head against a hard surface when you fall.
Fall from height –
Construction sites are notorious for workers getting injured after falling from height due to lack of safety measures, which in most cases could be grounds for making a compensation claim. However fall from height injuries are unfortunately not limited just to construction sites.
There are numerous symptoms associated with concussion injuries and these vary widely. Therefore, an injured individual may not experience them all at the same time. One person might experience just one symptom in the beginning and other symptoms may appear randomly or consistently after a period of time. Another injured individual might experience a combination of symptoms that keep varying in intensity and frequency.
In general, symptoms of concussion injury could include any of the following:
- Difficulty thinking clearly;
- Loss of consciousness;
- Feeling dizzy or disoriented;
- Difficulty concentrating;
- Appearing dazed or confused;
- Feeling nauseous or vomiting;
- Difficulty remembering things;
- Changes in vision – seeing stars and spots in front of the eyes;
- Feeling irritable;
- Feeling listless or fatigued.
If any of these symptoms appear after any accident in which there was some impact to the head, it could be an indication of a concussion. The consequences of these injuries can be life-long and often require extensive treatment and care.
A person who suffers concussion injuries could experience some degree of memory loss, which may be temporary or permanent. Some may be unable to create new memories after a concussion injury. Others can undergo drastic personality changes after any impact to the head. No matter what the exact consequences, the quality of life suffers tremendously.
Where compensation for a concussion injury is sought, the claim must be submitted within the relevant time limit. For personal injury claims, that’s 3-years. The limitation period will begin:
- From the date your accident happened; or
- From when you found out about your injuries. This is called the date of knowledge.
Claims involving children aren’t bound by the 3-year time limit. In this scenario, claims can be made by a litigation friend (parents, guardians, or similar) at any time before the child is 18-years old. However, if a litigation friend doesn’t make a claim, the child will have three years to do so themselves beginning on their 18th birthday.
We suggest that it’s best to begin your claim at the earliest opportunity. By doing so, you’ll allow your solicitor plenty of time to gather evidence to support your case. Also, you’ll find it easier to recall what happened. Furthermore, if you require rehabilitation, your solicitor might be able to request that the defendant pays for private treatment before the claim is finalised.
If you would like us to consider your concussion injury claim, do call us as soon as possible. You won’t be under any obligation but, if your case is strong enough, we could provide a specialist solicitor to represent you.
If your concussion claim is taken on by one of our solicitors, they will begin by collecting evidence to support your case. Then they’ll inform the defendant, or more likely their insurer, about the claim.
As the claim progresses, your solicitor will keep you informed about any progress. You will also have ample opportunities to ask any questions you think of. You’ll be shielded from any complex questions from the defendant’s insurer as your solicitor will deal with all queries on your behalf. Importantly, they’ll try to counter any objections over liability for the accident by supplying additional evidence where needed. Also, they won’t simply accept the first settlement offer that’s received. Instead, all offers will be considered carefully and discussed with you. If an offer is thought to be too low to cover your suffering, your solicitor will negotiate for a higher amount.
We believe having a personal injury solicitor on your side will improve your chances of winning a concussion compensation claim. Therefore, call us today on 0800 6524 881 to find out if we could help you claim. If your concussion injury is taken on, your solicitor will try to achieve the highest amount of compensation possible, and represent you on a No Win No Fee basis.
Last updated 30th October 2021.