If you have suffered a head injury as a result of an accident that was caused due to somebody else’s negligence or mistake, you may be able to file a head injury claim for compensation.
Head injuries can be caused by just about any type of accident that may occur while you are at work, driving a vehicle or even just walking on the pavement. Regardless of where or how the accident occurs, head injuries should never be ignored or brushed off as minor. Even a seemingly minor injury to the head can trigger off dangerous, long-term symptoms such as dizziness, headaches, and vision-related problems. More serious head injuries can result in permanent disabilities and can even be fatal.
When Can You Claim Compensation For A Head Injury?
If the accident that caused your head injury was solely due to your fault, you may not have any grounds to file a claim for compensation. In order to be eligible for compensation, your head injury must be caused because of a third person’s action or inaction. You may also be able to claim compensation if you were partly to blame for the accident.
Some examples for when you may be able to claim compensation for a head injury include but are not limited to:
- Head injury from a road traffic accident – This is applicable whether you were driving a car, travelling by public transport, riding a motorcycle or you got knocked down as a pedestrian.
- Head injury from an accident at work – This could be because of unsatisfactory precautionary measures, inadequate personal protective equipment, lack of medical facilities on-site, or inadequate training provided to workers.
- Head injury from slip, trip, and fall injuries – This is applicable if you slip, trip or fall because of a liquid spill in a supermarket, loose flooring in a department store or broken paving slabs on the pavement.
What Compensation May Be Due In A Head Injury Claim?
A serious head injury can be devastating and can have life-altering consequences for the injured person and their family. In many cases, there may also be lifelong financial repercussions, with the cost of ongoing medical treatment compounded by a loss of income.
While the exact amount of compensation you can claim for will depend on the severity of the head injury and its implications, these are some of the things you may be compensated for:
Compensation For Medical Expenses
Treating head injuries can require specialist long-term or even lifelong intervention. If you are receiving treatment for a no-fault head injury, you can claim reimbursement of all medical expensive resulting from the injury. This can include all diagnostic, surgical and non-surgical procedures, hospital stays, and medication. It also includes ongoing cost of long-term rehabilitation such as physiotherapy, counselling, and speech therapy.
Cost Of Private Medical Treatment
If the necessary treatment is not available through the NHS, the compensation should cover the cost of care and therapy provided by a private medical facility or even overseas.
Loss Of Income Because Of The Head Injury
You can claim compensation for loss of income if you were forced to stay home from work because of your head injuries. In addition to your actual wages, loss of income also factors in the loss of perks such as bonuses and promotional avenues. If you are unable to resume work because of your injuries, your future earning potential will also be considered when calculating compensation.
Care At Home
If you can no longer care for yourself independently and are forced to hire a care-giver to help you with your daily chores, you can claim compensation for home care costs.
Cost Of Special Adaptations
This includes the cost of making structural changes to your current home or car to accommodate your injuries.
You are entitled to be reimbursed for all your injury-related travel expenses such as regular visits to the hospital or physiotherapy centre.
General damages encompasses compensation that is offered to cover your pain and suffering, loss of amenity, and other intangible losses.
These are some of the basic types of compensation that you may be able to claim in case of a no-fault head injury claim. Depending on the severity of the injury and its repercussions, you may also be able to claim for other types of damages such as special education needs.
Average Compensation Payouts For Head Injury
- Compensation for a minor head or brain injury £1,760 – £10,180;
- Less severe brain injuries £12,210 – £34,330;
- Moderate brain injuries £34,330 – £174,620.
- Compensation for moderately severe brain damage £174,620 – £224,800.
- Very severe brain injury £224,800 – £322,060.
No head injury claim is ever the same and as such compensation settlements may vary depending on varying factors unique to the individual concerned. These will include considerations such as the level of pain and suffering involved, how severe the head injury is, how the head injury has affected the individuals life, the amount of recovery made, the future prognosis. The major part of any head injury claim is to make sure the claimant receives the compensation they are entitled to which means factoring in every detail when calculating compensation which is why it is important you choose a solicitor experienced in head injury claims.
Do You Need A Personal Injury Solicitor For A Head Injury Claim?
Experience plays a key role when it comes to filing and winning a head injury claim. There are several complex issues involved in filing such a claim and unless you have experience in this field, it is best to entrust your claim to someone who has a solid reputation for winning head injury claims.
An experienced personal injury solicitor will pull out all the stops to make sure that you get the maximum head injury compensation you are entitled to. What’s more, most will file your head injury claim on the basis of a No Win No Fee agreement. This agreement states that you pay the solicitor a fee only if you win the case and are awarded compensation. The fee you will pay if your head injury claim is made with us is an agreed percentage of the total amount awarded to you, and only when the compensation has been received. As the details of No Win No Fee arrangements may vary between law firms you should always check any small print so you know exactly what the claim will cost you if it’s successful, or even if it’s not. If you’re ever unsure don’t be afraid to ask.
All head injury claims must be filed within 3 years from the date of the accident or from when the head injury was diagnosed and linked to the accident. In truth any injury claim should be started as early as possible, leaving it until late in the day can mean a head injury solicitor will not take the claim on as they may not have the time to gather evidence and put a solid head injury claim together. With a personal injury solicitor taking care of the legal process, you don’t have to stress about missing the deadline for filing. Your solicitor will make sure to get the necessary testimony from a medical expert and will put together all the necessary paperwork and file a strong head injury claim on your behalf within the deadline.