Claiming Compensation For Concussion | No Win No Fee
By Stephen Hudson. Last Updated 3rd November 2023. Have you endured a concussion due to the fault of someone else? If so, you may be entitled to pursue a concussion injury compensation claim against the negligent party. Please read on to learn more about making a concussion claim and how a No Win No Fee solicitor could help.
A payout from a successful concussion injury claim can help cover for things such as medical bills. It could also potentially help recover loss of earnings and generally deal with the long term effects of a concussion-related injury.
This guide goes into depth on how another party’s negligence may cause a concussion injury. It also explains the key steps behind making a concussion injury claim. We’ll also discuss potential compensation payouts and why getting legal support can help you.
If you would like to speak to an advisor about concussion injury claims, then you’re welcome to contact Legal Expert today. You can call us on the phone by dialling 0800 073 8804. Or you can contact us online using our claim form or our 24/7 live chat service.
Select a section:
- When Could I Make A Concussion Compensation Claim?
- Potential Evidence For Concussion Injury Claims
- Examples Of Concussion Compensation Payouts
- No Win No Fee Concussion Compensation Claims
To be eligible to make a personal injury claim for concussion compensation, you will need to prove that your injury was caused by a relevant third party breaching their duty of care. Together, this is known as negligence.
There are various incidents where you are owed a duty of care. These include:
- On the road – Under the Road Traffic Act 1988, road users owe each other a duty of care. Per this duty, they must use the roads in a way that avoids causing injury to others and themself. Furthermore, they must also follow the rules set out for them in the Highway Code.
- In the workplace – The Health and Safety at Work etc. Act 1974 states that your employer owes you a duty of care. Per this duty, they must take reasonable steps to ensure your safety at work.
- In public places – The Occupiers’ Liability Act 1957 states that anyone in control of a public space owes a duty of care to members of the public. They must take all the necessary and practicable steps to ensure your reasonable safety while you are using that space.
To find out if you have a valid personal injury claim or if you have any questions about concussion injury claims, you can contact our advisors.
How Long After The Accident Can You Claim For A Concussion?
Under the Limitation Act 1980, there is generally a 3-year time limit from the date you were injured in which you must start your concussion injury claim. You may still be able to claim after 3 years if the following applies to your case:
- Child claims – If the injured party is under 18 years old, they are prevented by law from representing themselves in legal proceedings. Instead, a litigation friend can be appointed to claim for them. This could be an adult such as a parent/guardian or a legal professional such as a solicitor. Before the injured child turns 18, their time limit is suspended. It only begins on their 18th
- Cases of reduced mental capacity – Some claimants may lack the mental capacity to make a claim by themselves. If so, then the time limit is suspended indefinitely. A litigation friend may be able to pursue a claim on the injured party’s behalf.
If you’d like to know about the time limit for claiming a concussion and whiplash settlement, get in touch with us today. We can also tell you how much compensation for a concussion injury you may be owed.
Potential evidence could include things like the following:
- Contact details from witnesses who saw the accident that hurt you and would be willing to give a statement on it.
- Medical reports confirming the injuries you are claiming for.
- Photographs and/or videos of the accident scene that caused your concussion injury.
Particularly in the cases of accidents that have caused concussion-related injuries, evidence such as CT scans and physiotherapy reports can be very useful. Evidence like this could give you a greater chance of receiving a concussion car accident settlement amount, or any settlement amount, from the claim.
To help with collecting evidence and other steps when claiming, you can choose to get help from legal advisors. Here at Legal Expert, we can provide a free legal consultation. This is a phone consultation where we go over the evidence you have gathered your case’s details. We’ll provide advice on whether you have a case or not. We can also make suggestions for how to move forward.
To learn more about how we could help you with concussion injury claims, contact us at a time that works for you using the above details.
Although a personal injury solicitor would have to assess your case before valuing your concussion claim, you can use our table below to get an idea for how much compensation you could be awarded for specific injuries. The figures are lifted from the 16th edition of the Judicial College Guidelines (JCG), previously updated in April 2022.
The compensation ranges featured are influenced by settlements awarded in previous personal injury claims. Whilst you’ll find injuries that include delayed concussion symptoms, you’ll also find settlements relating to psychological injuries that could stem from an accident.
|Type/Severity of Injury||Explanation/Example of Injury||Average Compensation|
|Very severe brain damage||Little evidence of meaningful response to environment, loss of language and movement.||£282,010 to £403,990|
|Moderately severe brain damage||Serious disability caused. Substantial dependence on others.||£219,070 to £282,010|
|Moderate brain damage (i)||Severe intellectual issues, personality changes, sight loss, speech loss and risk of spilepsy.||£150,110 to £219,070|
|Moderate brain damage (ii)||Reduced intellectual ability and some epilepsy, along with a reduced ability to work, if it is not removed entirely.||£90,720 to £150,110|
|Moderate brain damage (iii)||There's an impact on the senses, along with memory and concentration. A small epilepsy risk is present and the brain injury results in a reduced ability to work.||£43,060 to £90,720|
|Less severe brain damage||Good recovery expected, seeing return to work and social activities. Lasting issues with concentration, mood and the like.||£15,320 to £43,060|
|Moderately severe psychiatric damage||Significant issues as seen in severe cases, including an inability to return to work.||£19,070 to £54,830|
Please note that the compensation amounts above should only be used as guidance. Your solicitor will also take into account any special damages that you may be awarded when valuing your claim for concussion compensation. If you would like to connect with an experienced solicitor, get in touch for a free consultation.
Compensation For Concussion – What Can I Claim?
Each concussion compensation claim is different, and various factors can impact award amounts.
If you successfully claim compensation for a concussion, general damages will be included, which compensate for your pain and suffering. The severity of your injury will be considered, as well as any other injuries suffered in the accident.
Some claims for concussion compensation may include special damages. Under special damages, you could be compensated for any financial losses incurred due to your injuries. However, if you are claiming for special damages, you will need to prove your costs. For example, you could use receipts, invoices, and payslips, depending on what costs you are seeking to recover.
Examples of special damages:
- Loss of earnings
- Medical expenses
- Travel costs
Call our advisors to discuss your compensation for a concussion. They can provide a free estimate as well as provide further examples of special damages relevant to your circumstances.
If you have valid grounds to claim compensation for concussion, then you may be looking to instruct a solicitor.
Our solicitors are experts in No Win No Fee head injury claims, and could support you under a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement. It offers several benefits, one of which is that you won’t need to pay any upfront or ongoing fees to your solicitor for their services. Also, you won’t need to pay your solicitor for their work if your claim fails.
If your claim is a success, then your solicitor will take a success fee. This is taken directly from your compensation as a small percentage. However, this percentage is limited by a legislative cap, allowing you to keep the majority of what you receive.
Contact our advisors for free today if you would like to learn more about No Win No Fee claims. They are also happy to address other questions you may have, such as “What’s the average payout for concussion in the UK?”.
To reach our team, you can:
- Give us a call on 0800 073 8804
- Write to us online with our contact form.
- Or you can use our 24/7 live chat.
Helpful Links Related To Concussion Injury Claims
In this final section of our guide on concussion claims, we’ve included some link to relevant resources and other guides which you may find useful:
- Whiplash Compensation Claims Calculator
- Find out how much compensation you can claim for Whiplash.
- NHS Concussion
- A concussion is sudden but short-lived find out more about this head injury and the most common type of brain injury.
- Brain Injury Compensation Amounts
- Find out what amount of compensation you could get by making concussion injury claims.
- Forklift Truck Accident Claims
See this useful guide on seeking compensation for an injury following a forklift truck accident.
If you want more information on concussion injury claims or would like to start a claim, please contact our team of helpful advisors for free legal advice at a time that suits you.