A fractured skull can be a very serious injury that could lead to brain damage and other conditions that have a long-term impact on your life. If you or a loved one has fractured your skull in an accident caused by somebody else, you may be eligible to claim compensation for any suffering caused. In this guide, we’ll review how much compensation for a fractured skull might be awarded and the types of accidents that could lead to a claim.
We can help if you’d like to know more about making a fractured skull compensation claim. During a free initial consultation, a specialist will offer legal advice and answer any questions about the claims process. If your claim appears to be strong enough, we’ll connect you with one of our personal injury solicitors. Importantly, they’ll manage your claim on a No Win No Fee basis if it is accepted so you’ll only pay their legal fees if you receive a compensation payout.
To learn more about claiming compensation for a fractured skull, please read on or call our team on 0800 6524 881 to discuss a claim right away.
Table of contents
- What is a Fractured Skull?
- Am I Eligible To Claim Compensation For A Fractured Skull?
- Common Causes Of Fractured Skull Compensation Claims
- How Much Compensation Will I Get For A Fractured Skull?
- Evidence To Support A Fractured Skull Compensation Claim
- Fractured Skull Claim Time Limits
- How Long Does It Take To Settle A Fractured Skull Claim?
- Starting The Fractured Skull Compensation Claims Process
A fractured skull is a type of injury that results from a break or crack in one or more bones that make up the skull which serves to protect the brain and support the face and head.
Skull fractures can range from simple cracks to more severe breaks that affect multiple bones. The severity of the fracture can determine the symptoms a person experiences, however, in severe cases, prompt medical attention is required as a skull fracture can be life-threatening.
The most common forms of skull fractures include:
- Linear skull fractures – a fracture that usually forms a line in the skull that doesn’t cause any bone displacement.
- Basilar skull fractures – a fracture at the base of the skull that can lead to spinal cord injuries or brain damage.
- Depressed skull fractures – where a break in the skull is pushed inwards. Sometimes this can lead to brain injuries and surgery will usually be needed to retract the bone fragment and repair the skull.
- Diastatic skull fractures – these fractures are mostly found in young children or babies. They involve fractures of the suture lines that allow the brain and skull to grow as the child develops.
Whatever type of skull fracture you’ve suffered, if you believe somebody else is liable, please contact our advisors today for free advice on claiming compensation.
The symptoms of a fractured skull will usually depend on the type of skull fracture but are likely to include:
- Loss of consciousness.
- Dizziness and/or confusion.
- Nausea and vomiting.
- Bruising and swelling around the area of the fracture.
- Clear fluid draining from nose or ears.
As mentioned above, any skull fracture should be treated as a medical emergency and treatment should be sought straight away.
When reviewing a potential fractured skull compensation claim, our personal injury solicitors will assess whether:
- The defendant owed you a legal duty of care; and
- Negligence by the defendant led to an accident; and
- You suffered a fractured skull in the accident.
As part of our free consultation, we’ll check whether a duty of care existed or not so you shouldn’t be too worried about that at this stage. For guidance, though, your employer will almost always owe you a duty of care whilst you’re at work as will businesses or organisations while you’re on their premises. This is established in law by legislation such as the Health and Safety at Work Act 1974 and the Occupiers Liability Act 1984.
Therefore, rather than worrying about which law applies in your case, you could concentrate on gathering evidence to prove what happened. We’ll explain more about this later on.
Yes, you may still be able to claim compensation for a fractured skull even if the accident was partially your fault. However, the amount of compensation you receive may be reduced to reflect your share of the responsibility. This is known as contributory negligence.
For example, you suffered a skull fracture in a car accident. However, the other driver claims that you were speeding at the time of the crash and you were therefore a contributing factor. In this case, you may still be able to claim compensation for your injuries, but the amount you receive may be reduced to reflect your part in causing the car accident.
As shown in the previous section, if you’ve injured your skull fracture in an accident caused by somebody else’s negligence, you could be eligible to claim compensation for your pain and suffering. Here are some example scenarios:
- Workplace accidents. A claim might be possible if you’ve fractured your skull at work because a poorly stacked pile of stock fell on you. Similarly, you may be entitled to compensation if you fell off a ladder at work and cracked your skull because you weren’t given a safety harness or hard hat.
- Road Traffic Accidents (RTAs). Vulnerable road users such as cyclists and pedestrians are probably more susceptible to skull fractures but any road user injured in a collision caused by speeding, reckless or careless driving could claim for suffering caused by a fractured skull.
- Slips, trips and falls. Usually, when you slip or trip, you’ll use your hands to break your fall. However, it’s still quite common to hit your head during a fall and this could lead to a fractured skull. Claims may be possible for falls caused by spillages in shops, wet floors without warning signs, potholes, raised kerbs and other trip hazards.
- Sporting injuries. While many contact sports involve some level of risk, skull fractures at sporting events caused by malicious tackles, poor playing surfaces or faulty equipment could allow you to claim compensation.
- Playground accidents. You may wish to claim compensation if your child was injured at school or in a public playground because of faulty apparatus or damaged safety tiles.
- Criminal injuries. Finally, if your skull was fractured during a robbery or an unprovoked assault, you may be able to claim fractured skull compensation.
Even if the type of accident that you were involved in is not listed here, please contact us to find out how much compensation for a fractured skull could be awarded.
How much compensation for a fractured skull you could claim will largely depend on the type of fracture. As a fractured skull can cause several different types of suffering it’s important to consider them all before filing a claim. While you can claim for your injury (general damages), you may also be able to claim for any financial losses too (special damages).
If you make a successful claim, you may be compensated for:
- The pain and suffering caused by your skull fracture.
- Fear, anxiety and other forms of mental harm.
- Loss of amenity if your skull fracture means you miss out on your usual activities.
- Reduction in income and future lost earnings.
- Private medical treatment of your skull fracture.
- Travel costs.
- The cost of hiring a carer or the time a friend or family member spent looking after you.
- Wheelchairs, mobility aids or home modifications if a fractured skull leaves you with permanent brain damage or disabilities.
Our solicitors will always aim to secure the maximum compensation possible for a fractured skull by reviewing your claim in fine detail with you.
Every fractured skull compensation claim needs to be properly assessed to determine how the claimant has suffered already and how they might suffer in the future. Therefore, unfortunately, we can’t suggest an estimated payout until your claim has been properly reviewed. However, you can get some idea about compensation amounts for skull fractures that cause brain injury below.
- £282,010 – £403,990 for a fractured skull resulting in a very severe injury to the brain.
- £219,070 – £282,010 for a fractured skull resulting in moderately severe brain damage.
- £43,060 – £219,070 for a fractured skull resulting in a moderate brain injury.
- £15,320 – £43,060 for a fractured skull resulting in a less severe brain injury.
- £2,210 – £12,770 for a fractured skull that causes a minor brain injury.
To help determine how you’ve suffered, an independent medical assessment will be booked during the claims process. A specialist will read your medical records, examine you and talk with you about the impact of your fractured skull. They’ll then produce a report to establish your prognosis.
It’s important to produce as much evidence as possible if you’re to win a fractured skull compensation claim. It will need to show who caused your skull fracture and how you’ve suffered as a result. When making a claim, the types of evidence that might help include:
- A copy of an accident report form to help prove when and where you were injured.
- X-rays and medical records from the hospital where your fractured skull was treated.
- Photographs of any visible injuries and pictures taken at the accident scene to prove what happened.
- Information about anybody else who saw you fracture your skull in case your solicitor needs to collect witness statements.
- Video footage from CCTV cameras or dashcam recorders to provide visible evidence about the cause of the accident.
- Financial records such as receipts, wage slips or bank statements to help recover any financial losses linked to your skull fracture.
While collecting evidence might be quite time-consuming, it can make it a lot easier to win your claim. If you work with one of our solicitors, they’ll help to secure as much evidence as possible so that they can try to win the highest amount of compensation for a fractured skull as possible.
If you would like to claim for a fractured skull, you’ll need to be aware that there is a 3-year time limit. In most cases, this will begin from the date of your accident. There are some exceptions though:
- If a child fractures their skull, the time limit will not start until they turn 18 years old (parents can act as a litigation friend and claim at any time before that date though).
- For claimants without the mental capacity to claim, the 3-year time limit will not apply until, if and when, they regain their mental capacity. In the meantime, somebody else could seek compensation on their behalf.
If you’d like to check how long you have to claim fractured skull compensation, please call today.
The length of time it takes to settle a fractured skull compensation claim can vary depending on various factors such as how complex the case is, the severity of the fracture, the evidence available, and the cooperation of the parties involved.
It may take several months to a year or more to reach a conclusion, especially if the parties can’t agree on the amount of compensation to be paid. However, in our experience, most cases are settled out of court. A personal injury solicitor on our team will be happy to assess your case and advise you on the strength of your claim.
For free legal advice about your chances of being compensated for a fractured skull, please call 0800 6524 881 today. After we’ve reviewed your claim in a no-obligation consultation, we could connect you with a solicitor from our team.
Any claim that is taken on will be processed on a No Win No Fee basis meaning there won’t be any legal fees payable unless damages are awarded in your favour.
Please use our live chat service to find out how much compensation for a fractured skull may be awarded or if you have any further questions.