£6.3million Compensation For A Fractured Skull
By Lewis Cobain. Last Updated 8th September 2023. Legal Expert one of the UK’s premier resources for information and advice on how to make a successful personal injury claim. If you have been injured (such as suffering a fractured skull) as a result of an accident which was not your fault, speak to our dedicated experts today and be put in contact with a specialist personal injury solicitor. Our team of no win no fee solicitors are on hand to help people to claim the damages that they are entitled to after an accident. The solicitors we work with have a wealth of experience, many with years or even decades of successfully pursuing fractured skull compensation claims, such as the injuries suffered in this case.
In the case study below, we are looking at the case of a claimant who brought a personal injury claim against the driver of a car (the claimants’ friend). The claimant was a passenger in the car and when the car accident happened he suffered a fractured skull. The skull fracture was serious in itself. However, it also led the claimant to suffer several mental health issues over the next seven to ten years, ultimately resulting in the sectioning of the claimant. The skull fracture claim was ultimately resolved at a court hearing where he was awarded £6.3 million in compensation. The claimant intended to use the compensation to cover past and future medical costs.
Legal Expert work with a panel of solicitors has helped claimants across the country after suffering injuries similar to those the claimant suffered in this case. Read the case study below to find out more about the car accident, skull fracture injuries suffered and how the solicitors we able to secure compensation for the claimant.
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- How Common Are Passenger Injuries In Car Accidents?
- Fractured Skull Injuries
- The Injuries Suffered In This Case
- Personal Injury Claim Time Limits
- Compensation For A Head Injury
- Make A Fractured Skull Claim With Our No Win No Fee Solicitors
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The UK does not keep completely separate statistics for driver and passenger injuries or deaths on the UK’s roads. However, statistics from the UK’s Department for Transport recorded a total of 24,101 people suffered serious injuries on the UK’s road network. Fractured skull injuries are categorised as serious injuries. Statistics do show that an estimated 32% of car occupant casualties were passengers. Car occupants, including drivers and passengers, were far less likely to suffer from an injury when compared to the number of pedestrians who are injured and the number of cyclists or motorbike riders who were injured.
There are several different skull fracture types, including open skull fractures and closed skull fractures. The main types include the following;
- Closed skull fractures. These are fractures where the skin is not broken and there is no damage to the tissue around the injury.
- Open fractures. The skin and tissue are broken and some brain tissue is broken.
- Depressed skull fractures. This means that part of the skull in crushed or pushed inwards. This was the type of skull fracture suffered by the claimant in this case.
At the time of the injury, the claimant was seventeen and was a passenger in their friends’ car. The claimant was working as a carpenter, studying as an apprentice. The claimant was sitting in the rear of the car when the driver lost control. As a result of the accident, the claimant suffered what were described as ‘devastating’ head injuries, namely a depressed skull fracture and internal bleeding in the brain.
After the claimant had their initial depressed skull fracture treatment and was discharged from the hospital, they returned to their carpentry apprenticeship. However, the claimant’s condition began to spiral downwards. The claimant went on to suffer from a number of psychiatric conditions and episodes before they were finally sectioned around seven years after the accident. After the claimant was released from sectioning (under the Mental Health Act) he still suffered mental health issues. Two years prior to the compensation case the claimant was said to have undergone a transformation. This was thanks to the Transitional Rehabilitation Unit or TRU. The transformation helped the claimant to change their life for the better.
It should be noted that a depressed skull fracture has several long-term effects and they can be very difficult to fully recover from. The skull fracture long-term effects for this claimant were serious and difficult for the claimant to recover from.
In general, claimants need to begin their personal injury compensation claim within a three year period. This three year period is counted either from the date of the accident or the date of the discovery of the injuries suffered if they did not present straight away. Commonly this is known as the date of diagnosis. This is because after this period the legal basis for the claim runs out. There are situations in which a claim can be made after the statute of limitations on this. In this case, the claimant was able to make their claim later than the three-year time limit as their claims time was paused during the time in which he was suffering from the complications of the mental health condition.
With head injury claims, similar to other types of personal injury claims, compensation might be award under the following headings:
- General damages: Compensation relating to the pain, suffering or loss of amenity inflicted by your injuries. This award takes into account both physical and psychological injuries you might have suffered as a result of your accident.
- Special damages: Awarded to compensate for any financial losses or expenses and are designed to put you in the financial position you were in before being injured. For example, a loss of earnings can occur if you require time off work to recover from your injuries. A wage slip could prove this type of financial harm.
Head injury compensation payouts, in terms of general damages, are valued inline with settlement ranges featured in the Judicial College Guidelines (JCG). The figures, which were updated in April 2022, are decided by awards paid out in previous personal injury claims.
However, the JCG should only be used as guidance since personal injury solicitors will also assess any special damages you might be owed when working out your compensation award. If you would like to speak with one of our expert solicitors to find out more about your potential settlement figure, get in touch with our advisors at any time.
If you are eligible to claim compensation for your fractured skull, you may like to have a solicitor to support your case. One of our personal injury solicitors could help. They usually provide their services under a type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA).
When your solicitor works on your claim under this type of agreement, they don’t typically charge an upfront payment for their services. There also won’t be any ongoing fees. Furthermore, you won’t be asked to pay for their services if you’re claim is not successful.
However, if your claim has a positive outcome, your solicitor will deduct a success fee from your compensation. The amount that can be taken as this fee is a percentage that is limited by the law.
If you would like to see if you are eligible to seek compensation for your cracked skull, contact an advisor from our team. If it seems like you have valid grounds for a claim, they could pass you onto one of our personal injury solicitors.
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Compensation For A Fractured Bone
Find out more about broken and fractured bone injuries and compensation claims with this guide from Legal Expert.
Head Injury Claims
This guide includes more information about making a compensation claim after suffering a head injury.
NHS Skull Fractures
Information on skull fractures from the NHS