Learn How To Get Compensation For A Brain Injury From A Car Accident

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How To Claim For A Brain Injury From A Car Accident

By Cat Way. Last updated 24th July 2023. Suffering a brain injury from a car accident can have a significant impact on your life. If you suffered your injury in a road traffic accident due to another road user breaching their duty of care, you may be able to make a personal injury claim for car accident compensation.

In this guide, we will explore the eligibility criteria you must meet to be able to make a personal injury claim, as well as the duty of care that road users owe to one another while navigating the roads.

We’ll also discuss how a car accident could happen and how this could result in a brain injury or brain damage. Brain injuries can have a very severe effect on your life, and as a result, you may be wondering about how much compensation you could receive if your claim succeeds. Our guide explores compensation in road traffic accident claims and how legal professionals value your injuries.

Following this, we will discuss the benefits of working with a solicitor on a No Win No Fee basis and how one of our solicitors could help you. Read on to learn more, or get in touch with our team of advisors today to get started:

Car accident brain injury

Car accident brain injury

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When Could I Claim For A Brain Injury From A Car Accident?

In order to form the basis of a valid car accident compensation claim, you must be able to prove that:

  •   The other driver owed you a duty of care.
  •   They breached this duty, causing the accident.
  •   You were injured as a result.

When these three factors come together, they form negligence. It’s important to be able to establish negligence in order to make a claim.

Road users owe a duty of care. Per their duty of care, they must use the roads in a way that avoids causing harm to themselves and others. Additionally, they must adhere to the regulations and rules set out for them in the Road Traffic Act 1988 and the Highway Code.

If you can prove that your brain injury occurred because another driver breached their duty of care, then you may be able to make a claim for car accident compensation. Contact our team of advisors today to learn more.

How To Claim For A Brain Injury From A Car Accident – Collecting Evidence

If you have been involved in a car accident that has caused brain damage, it is a good idea to gather as much evidence as possible to support your claim. This includes the following:

  • Photographic evidence – If you have any visible injuries, it is a good idea to take photographs to support your claim. You should also take photographs of the scene of the crash itself and any damage to your vehicle.
  • Contact details – Not only should you get the contact details of the perpetrator, but you should also get the contact information of any witnesses. This includes their name, address, and telephone number. Witness statements can really help to strengthen your claim.
  • Make a note of everything that happened – This is a good idea because it will ensure that you do not forget anything important later down the line.
  • Keep proof of any expenses incurred – You will be able to claim for any expenses you have encountered as a direct consequence of your injuries. This includes loss of income, travel costs, medical expenses, the cost of counselling, and much more. However, to claim for these, you will need proof, so keep a hold of your receipts and any other documents.

Common Car Accidents Causing Brain Damage

There are many different types of car accidents that can result in brain damage injuries. And any of these could result in brain damage car accident compensation claims. Common causes include:

  • Someone using their phone will driving and causing a crash
  • Someone failing to stop at a zebra crossing and injuring a pedestrian
  • Crashes caused by speeding
  • Someone pulling out too quickly at a roundabout
  • Someone failing to acknowledge other drivers on the road
  • A passenger that has been injured due to the driver in the vehicle being careless

These are merely a few examples of the common incidents that can lead to car crashes. It is important to recognise that how the crash happened does not necessarily matter when it comes to making head injury compensation claims, so long as you can prove that someone else caused the incident.

Brain Injury Compensation Payouts In The UK

If you make a successful personal injury claim for your brain injury, your compensation payout could consist of general and special damages.

All successful claimants will receive general damages. This is compensation aimed towards your injuries, both mental and physical, as well as the effect that these injuries have on your life. When legal professionals, such as lawyers and solicitors, value claims for general damages, they often refer to the Judicial College Guidelines (JCG) for help. This document offers compensation guidelines for different injuries at varying severity levels.

In the table below, you can find some of the figures listed in the 16th edition of the JCG. Please note that these figures are for illustrative purposes only.

Edit
Reason for compensation Typical compensation amount Comments
Mental anguish £3,550 Fear of death and expectation of end of life.
Pain and suffering £1,000 – £200,000 The level of suffering and pain you have experienced will determine how much compensation you receive.
Loss of benefits £5,000 – £500,000 If you have missed work while you recover from your injuries, you will be able to claim for the income you have lost. In same cases, you can claim for more than the maximum figure that is displayed in the left-hand column.
Loss of anticipated earnings £10,000 – £400,000 A lot of people that suffer from brain injuries or severe head injuries end up missing a significant period of work due to their injuries. You can claim for loss of anticipated earnings in this case. The amount you receive will be based on your current pay grade and your future earning potential. In same cases, you can claim for more than the maximum figure that is displayed in the left-hand column.
Very severe brain damage £264,650 – £379,100 The injured person will have a degree of insight for cases falling into this bracket. There may be some postural reflex movement, recovery of eye opening, and ability to follow basic commands. However, there will be little, if any, evidence of meaningful response to environment. There will also be the need for full-time nursing care, double incontinence, and no or little language function. Compensation awarded depends on the extent of physical limitations, life expectancy, and the degree of insight.
Moderately severe brain injury £205,580 – £264,650 The claimant will be very seriously disabled. They will rely on other people and need constant professional care. The level of award will depend on the following: if the person has epilepsy or is at significant risk of developing it, behavioural abnormality, ability to communicate, the degree of dependence on others, the extent of physical limitations, life expectancy, and the degree of insight.
Moderate brain injury compensation amount £140,870 – £205,580 At the lower end of the bracket, we have cases whereby memory and concentration are impacted. There is also a limited dependence on others, a small risk of epilepsy, and the ability to work is reduced. At the higher end of the bracket, we have cases where there is a moderate to severe effect on senses, speech, and sight, a personality change, and intellectual deficit.
Less severe brain damage £14,380 – £40,410 The level of award within this bracket will be impacted by depression, the extent of any personality change, the extent of any continuing disability, and the severity and extent of the initial injury.
Minor head or brain injury £2,070 – £11,980 In these cases, there will be minimal brain damage, if any. The amount of compensation awarded depends on a number of factors. This includes the absence or presence of headaches, the extent of continuing symptoms, the period taken to recover from any symptoms, and the severity of the initial injury. At the lower end of the bracket, the claimant will recover within a few weeks.
Epilepsy £95,710 – £140,870 The compensation awarded will depend on the type of epilepsy the claimant suffers from. At the higher end of the bracket, the payout is for established grand mal epilepsy. At the lower end of the bracket, we have cases of temporary resurgences of epilepsy or cases where there are one or two discrete episodes.

Your car accident compensation may also include special damages. This head of compensation is aimed towards the financial losses you suffer as a result of your injuries. For example, severe brain damage may mean you are no longer able to work or drive. In this case, special damages could recoup the cost of both your lost earnings and taxis or alternative travel arrangements, as well as the cost of:

  •   Prescriptions.
  •   Childcare.
  •   Help with cooking or cleaning.
  •   Mobility aids.
  •   Home care, such as a nursing service.

Saving any receipts or bank statements related to these expenses can be helpful, as you need to be able to prove your losses in order to claim them back.

Contact our team today to learn more about the compensation you could receive for a brain injury.

Will The Whiplash Reforms Affect My Claim?

On May 31st 2021, the way some road traffic accident claims are made in England and Wales changed with the introduction of the Whiplash Reform Programme.

If you are over the age of 18, a driver or passenger of a vehicle with injuries valued at £5,000 or less (such as whiplash), you will need to make your claim via a different avenue. 

Your whiplash injuries will also now be valued in line with the tariff set out by the Whiplash Injury Regulations 2021. These are fixed amounts. Any additional injuries you have suffered that are not covered by this tariff will be valued the traditional way.

It’s important to have your claim valued by a professional so that all areas are fully considered, such as special damages and psychological injuries. To find out how one of our brain injury solicitors could help you, contact our team today.

How To Make A No Win No Fee Claim For A Brain Injury From A Car Accident

If you are eligible to make a car accident claim but aren’t sure where to start, one of our solicitors may be able to help. With years of experience in road traffic accident law, our solicitors are experts in personal injury compensation claims and could represent you on a No Win No Fee basis.

Our solicitors work under a kind of No Win No Fee contract called a Conditional Fee Agreement (CFA). When you work with a solicitor under a CFA, they won’t ask for any upfront fees in order to begin on your claim, nor will they require ongoing fees to retain their services. On top of this, if your claim fails, your solicitor won’t take a fee for their work.

In fact, your solicitor will only take a fee for their work if your claim succeeds. This success fee is deducted directly from your compensation award as a small percentage. However, the percentage they are allowed to take is capped by law, which ensures that the majority share of what you receive stays with you.

Working with a solicitor comes with many benefits. For example, a solicitor can carefully value each area of your claim and make it clear through which channel your claim should be made. Similarly, they can explain any legal jargon or answer any questions you may have throughout the claims process.

Contact Our Team

If you’re ready to get started on your brain injury claim, contact one of our advisors today. If they find your claim to be valid, they may connect you with one of our expert brain injury solicitors. 

Helpful Resources

Below, we’ll included some useful links on brain damage injuries resulting from car accidents.

Government advice on brain injury and driving

This link takes you to the UK Government’s page on traumatic brain injury and driving. If you have suffered a traumatic brain injury, you need to tell the DVLA. If you don’t, you could face a £1,000 fine. This is the last thing you need after such a horrific ordeal, so check out this page to find out more about the correct procedure.

NHS advice on severe head injuries

This NHS page reveals everything you need to know about severe head injuries, including diagnosis, treatment, recovery, and complications.

We also have some other guides on car accident claims that you may find useful:

Thank you for reading our guide on claiming compensation for brain damage after a car accident.

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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