This guide to the head injury claims process should help you if you’re thinking of claiming compensation following an accident that wasn’t your fault. We’ll explain when you might be eligible to make a claim, how the head injury claims process works, and how much compensation for a head injury might be paid.
To discuss your options right now, you can call us on 0800 6524 881. Alternatively, please continue on to learn more.
Table of contents
- Am I Eligible To Make A Head Injury Compensation Claim?
- Common Causes Of Head Injury Claims
- Common Types Of Head Injuries
- How Much Compensation Will I Get For A Head Injury?
- Average Compensation Payouts For Head Injury
- Evidence To Support A Head Injury Claim
- Time Limits For Claiming Head Injury Compensation
- Do I Need A Personal Injury Solicitor To Make A Head Injury Claim?
- Starting The Head Injury Claims Process
It is important to note that as our personal injury solicitors, all operate on a No Win No Fee basis, they won’t waste your time with false hope. Therefore to verify there’s a good chance you’re eligible to claim compensation for a head injury, an advisor will initially look to ascertain whether:
- Legally, you were owed a duty of care by the defendant; and
- The defendant’s negligence caused an accident to happen; and
- You suffered head injuries directly as a result of that accident.
Don’t be too concerned if you’re unsure whether or not you were owed a duty of care. This will be checked when you call for a free consultation. For reference, laws like the Health and Safety at Work Act 1974, the Road Traffic Act 1988 and the Occupiers Liability Act 1957 can be used to establish a duty of care in relation to many different types of accident claims.
The next step will be to prove how your accident happened and the severity of your head injury. Therefore, we’ll provide advice on the types of evidence you could use a little later on.
You may be able to claim compensation for a head injury that was partly your fault under the principle of “contributory negligence”. Even if you were partially at fault for the accident that caused your head injury, you may still be able to claim compensation as long as the other party involved is also found to be at fault.
For example, a factory worker sustains a head injury from a falling object. Although it can be shown that their employer caused the factory accident, the employee wasn’t wearing a hard hat when they should have been resulting in a worse injury. In this case, the factory worker’s failure to wear the hard hat may be considered contributory negligence. If it’s found the injury was 20% their fault, their compensation would be reduced by 20%.
Please contact our advisors if you consider yourself partly at fault for your head injury and aren’t sure of what it might mean.
RTA’s, slips and falls, workplace accidents and many other different types of accidents are all common causes of head injury claims. Some examples of when you might be eligible to claim compensation include:
- If you fractured your skull after being knocked off of your bicycle in a cycling accident.
- Where you suffered a concussion after tripping on a defective pavement.
- If items hit you on the head after being dropped from scaffolding.
- If you banged your head on shelving after slipping in a supermarket.
- Where you suffered a head injury at work from being assaulted by a work colleague.
Don’t worry if you can’t see an accident similar to your own listed here, these are just a few examples. To find out if you’re eligible to claim head injury compensation, please call one of our specialist advisors.
If you’re involved in an accident, a head injury can cause massive problems both at the time and, in some cases, for the rest of your life. Importantly, the symptoms of a head injury are not always obvious meaning you could suffer symptoms days or weeks after your accident.
Our solicitors could help you to claim for a head injury sustained in an accident that wasn’t your fault. Some of the more common types of head injuries you could be compensated for include:
As well as claiming for the immediate symptoms caused by your head injury, you may also need compensation for long-term symptoms such as headaches, vision problems, dizziness, and epilepsy. If your head injury claim is accepted by one of our solicitors, they’ll work hard to ensure that you are compensated properly for everything you’re entitled to.
If you or a loved one has sustained a head injury following an accident that was somebody else’s fault, the amount of compensation that might be awarded will typically cover:
- The physical and psychological effects of the injury (general damages).
- Any financial costs, losses or expenses incurred (special damages).
The above damages in a head injury claim could include compensation to cover:
- The pain you endured at the time of the accident and during your recovery.
- Any distress, anxiety or other psychological damage.
- Loss of amenity (the effect your head injury has had on your social life, hobbies and family activities).
- Loss of earnings.
- Care costs if you needed a member of your family, a friend or a professional carer to support you while you were recovering.
- Travel expenses such as fuel and parking costs due to hospital appointments for your head injury.
- Medical expenses including private medical treatment in some instances.
- Modifications to your home or vehicle if you’ve been left disabled by brain damage and the changes will improve your quality of life.
- Future lost earnings when your injuries reduce your ability to earn.
Our solicitors will work with you to establish the full impact of your head injuries and strive to include all aspects of your suffering in your claim. Please get in touch with us if you’d like to know more about how much your head injury claim might be worth.
- £282,010 – £403,990 for a head injury causing very severe brain damage.
- £219,070 – £282,010 compensation for a head injury causing moderately severe brain damage.
- £43,060 – £219,070 compensation for head injuries causing moderate brain damage.
- £15,320 – £43,060 compensation for head injuries causing less severe brain damage.
- £2,210 – £12,770 compensation for a head injury and minor brain damage (if any).
Importantly, even though the above figures are based on those advised by the Judicial College for general damages, they are not guaranteed so you should use them for reference at this point.
As part of the head injury claims process, you may need to attend a medical to determine the extent of the damage done which would be conducted by an independent medical expert. Our solicitors can usually arrange an appointment locally so that you don’t need to travel too far.
During the meeting, the expert will assess your injuries, discuss their impact with you and read your medical records. They’ll then produce a report to explain how you’ve suffered and to offer a prognosis for the future. This report will help to determine what settlement for a head injury you should be awarded if your claim is successful.
As well as your medical report, there is other evidence you could use to prove the seriousness of your head injury and how the accident or incident happened.
This can include:
- Camera footage. Recordings from CCTV and dashcams can be particularly strong evidence for a head injury claim.
- Witness statements. Having a witness who can corroborate what happened can also be useful.
- Accident report forms. These need to be kept by most companies and businesses. You are entitled to ask for a copy of your report if it is not provided at the time of your accident.
- Medical records. If your head injury was treated at a hospital, GP surgery or minor injuries unit, your medical records could be obtained to help prove how you suffered.
- Photographic evidence. Pictures of the accident scene and any visible head injuries could also be used to prove what happened and how you were injured.
- Financial records. Receipts and bank statements could be used to help claim any costs you’ve incurred because of your injuries.
Finally, it’s a good idea to write down how your accident happened and how your head injuries have affected you. For example, it might be a good idea to keep track of the days you couldn’t work or participate in family events as a result of your head injury.
The Limitation Act 1980 states that there is a 3-year time limit for head injury compensation claims in the UK. This will usually begin from the date you suffered your head injury, or from when the injury was diagnosed, for example, if you suffered brain damage but it wasn’t diagnosed until a later date.
In more serious cases, you could claim for a loved one’s head injuries at any point if their injuries have left them without the mental capacity to represent themselves. If this is the case, we could help you to become their litigation friend so that you can deal with the claim on their behalf.
For head injury claims involving a child, you may find this page useful.
No, you don’t, but often experience plays a key role when it comes to filing and winning a head injury compensation claim. There are several complex issues involved in filing such a claim and unless you have experience in this field, you’ll probably find it much more beneficial to entrust your claim to an experienced personal injury solicitor.
What’s more, our solicitors will file your head injury claim on a No Win No Fee basis. This means that you’ll only need pay a success fee if your claim is won and you’re awarded compensation.
As the success fee is calculated as a percentage of the compensation awarded, you can rest assured that the solicitors on our team will pull out all the stops to make sure that you get the maximum head injury compensation you are entitled to.
The length of time a head injury claim will take can vary widely depending on the circumstances of the case. Straightforward claims may be settled in just a matter of months, while more complex cases can take much longer.
Factors that can affect the duration include the severity of the head injury and how it might affect the claimant in the future, the availability of evidence, and the willingness of the parties involved to admit liability.
If you have decided to take action and claim compensation for your head injury, we’re ready to help. To start the head injury claims process, just call our advice line on 0800 6524 881 today.
If your claim is viable, you’ll be partnered with one of our No Win No Fee personal injury solicitors.
Thank you for reading our guide about head injury claims, and please feel free to use live chat or to call our advice centre if you have any further questions.