How Much Compensation Can I Claim For A Head Injury?
By Daniel Archer. Last Updated May 9th 2022. Welcome to our guide on head injury compensation claims. We understand it can be frustrating when you sustain an injury due to someone else’s negligence. However, if they failed to uphold the duty of care they owed you causing you harm as a result, you could claim compensation for a head injury.
In this guide, we will provide information on putting forward a valid personal injury claim. We’ll also provide information on the steps you can take to build a strong case.
Additionally, we’ll look at common symptoms of a head injury and provide examples of scenarios that could lead to a successful compensation claim. Also, we will highlight when it may be appropriate to seek medical advice for a head injury.
Furthermore, we’ll discuss the different ways someone’s negligence could cause an accident resulting in a head injury claim.
Most importantly, we’ll explore the question ‘how much is a head injury claim worth?’ to give you an idea of what your compensation settlement may comprise.
However, if you still have any questions about head injury claims, or you’d like to get the process started, simply:
- Call us on 0800 073 8804
- Speak with an advisor using the live chat function below
- Fill out our enquiry form and an advisor will contact you
Explore The Following Section For More Information On Head Injury Claims
- What Are Head Injury Claims?
- Symptoms Of Brain Injuries
- What Causes An Injury To The Head Or Brain?
- How Common Are Head Injury Compensation Claims?
- Top Tips For Proving Head Injury Claims
- How Is Head Injury Compensation Calculated?
- No Win No Fee Head Injury Claims
- Further Personal Injury Resources
A personal injury claim could be made for a head injury sustained in an accident caused by someone else’s negligence.
In order for someone to be negligent, they must have owed you a duty of care. Their actions must have led to them breaching this duty, causing you to experience harm as a result.
For example, hitting your head in a car accident could have been caused by a driver who was operating their vehicle under the influence of drugs. As a result of their negligence, you may have experienced minor brain damage.
In these cases, you may be able to seek minor brain injury compensation. However, the compensation you receive will vary depending on your unique situation, but we’ll explore this in more detail later on in our guide.
You will need to be able to prove that your injury was caused by the negligence of someone who had a duty of care towards you. For more information on whether you hold a valid claim, please get in touch with our advisors on the number above. They could assess your case to determine whether you’re eligible to seek head injury compensation.
Thеrе is a vеrу сlеаr dіffеrеnсе between the ѕуmрtоmѕ оf a mіld head injury and those оf a ѕеvеrе head іnjurу. According to the NHS, mild symptoms for which you should seek medical advice could include:
- Brief loss of consciousness
- Memory problems
In contrast, symptoms of a more severe injury to the head for which the NHS recommends you should seek immediate medical attention might include:
- Loss of consciousness
- Problems with staying awake
- Problems with vision or hearing
- Loss of coordination
- Difficulty speaking and understanding
Please note, we have provided this information in accordance with what’s stated on the NHS website. For any medical advice, please visit the NHS website or speak to a trained medical professional.
If you’ve suffered any of these symptoms and want to enquire about seeking head injury compensation, please get in touch with our personal injury claims team today.
Long-Term Effects Of A Head Or Brain Injury
The term head injuries соvеrs a vеrу wide ѕресtrum оf wounds and types of physical damage. The type of head injury you sustain could vary from simple cuts and bruises to severe, permanent and debilitating brain damage, meaning the injured person requires ongoing care.
In the case of minor injuries, these are short-term problems that cause mild discomfort. At the other end of the spectrum, severe brain damage can have life-changing consequences. These consequences can include personality changes and communication or mobility issues. The most serious injuries could result in you needing permanent medical assistance.
Both the long and short term impact the injury has had on you will be taken into consideration when calculating the head injury compensation you may receive.
There are various types of accidents that could cause someone to sustain an injury to the head. Subsequently, there are many reasons for head injury claims to be made. We have explored some examples of these in the sections below.
Accident At Work
All employers have a duty of care to take all reasonable steps to prevent you from experiencing harm. In Great Britain, this duty is established in The Health and Safety at Work etc. Act 1974. This outlines the employer’s responsibilities to ensure that the work environment, facilities and equipment are safe enough to be used without causing harm.
Failure to uphold their duty of care could result in an accident at work causing someone to hurt their head. For example, an employer of a construction site may have failed to provide you with a safety helmet, where it was necessary and reasonable to do so. As a result, you may have sustained a skull fracture caused by falling debris.
Road Traffic Accident
Each road user has a responsibility to ensure they take all reasonable steps to prevent others using the road from experiencing harm. In the UK, every road users’ duty of care is outlined in The Highway Code.
A more specific example may be that a driver fails to check their mirrors before overtaking on a narrow lane. As a result, they may have knocked a cyclist off their bike because they failed to leave enough space, causing them to sustain a severe head injury.
The Highway Code was updated on 29 January 2022. To read more about the changes made, refer to the Government website.
Slip, Trip and Fall Accidents
A slip, trip or fall accident could occur in various environments, including public places. As per the Occupiers Liability Act 1957, the person in control of a public space is responsible for taking reasonable steps to prevent members of the public from sustaining harm.
For example, the council should carry out regular risk assessments to ensure they are aware of any hazards and take reasonable action to either remove or control the hazard. Failing to do so could mean they fail to fix a defective maintenance hole in a reasonable time causing someone to fall down the hole and hit their head.
If you have experienced a similar type of accident that caused you harm, you may be eligible to seek minor brain injury compensation or head injury compensation. The amount of compensation you could receive for a head injury claim will depend on many factors, including the severity of the injury and how it has impacted your daily life.
For more information, call our team, they can discuss the details of your specific case to check you’re eligible to claim.
According to the National Institute for Health and Care Excellence (NICE), 1.4 million people in England and Wales attend A&E with a head injury each year. Although it’s not known how the injuries were sustained, we have provided an insight into head injuries sustained in a road traffic and workplace accident below.
A National Travel Survey carried out by the Department for Transport involving around 81 people, found that concussions accounted for around 3% of serious injuries sustained in road traffic accidents during 2020.
Furthermore, a previous survey involving around 765 people found that concussions accounted for around 6% of serious injuries sustained in road traffic accidents between 2017-2019.
According to the Health and Safety Executive (HSE), employees reported around 2,542 non-fatal head injuries during 2020-2021. These injuries were reported under the Reporting of Injuries, Diseases and Dangerous Occurrences (RIDDOR).
During the same time period, employees reported around 32 fatal head injuries under RIDDOR.
As you can see, the statistics provide an insight into the frequency with which someone might sustain a head injury in different accidents. If you or someone you know has sustained harm in an accident caused by someone else’s negligence, you could make a head injury compensation claim.
Please continue reading for steps to take to ensure you have a strong head injury claim. Alternatively, call our team for more information.
Making successful head and brain injury claims can depend largely on whether or not you can establish that the injury was caused by negligence. That is, you must be able to prove that you were injured due to the action or inaction of an organisation or individual who owed you a duty of care and failed to uphold it. This could be someone such as your employer, or another road user.
This section contains some helpful examples of the kind of evidence that you could acquire to assist in supporting your claim. You’ll find them just below. However, it’s important to note that this not a comprehensive list.
- Medical reports – It’s vital that you’re seen by a medical professional following a head injury, even a suspected one. Not only can this benefit your health, but the records that are generated contain official documents that relate to factors such as how severe your injuries are. This information can also help during the process of establishing how much a head injury claim is worth.
- Witness contact details – You should try and ensure you have the contact details of anyone who saw the accident that caused your injuries. Expert solicitors such as our own can assist in this process, amongst other areas of the claim procedure.
- Visual evidence – CCTV footage and photographs are just two instances in which visual evidence could be useful. Proof such as this can be extremely helpful when establishing negligence.
Our advisors are available 24/7 to answer your questions on head and brain injury claims. Additionally, you can use our head injury compensation calculator to help determine how much your settlement could be worth.
Although you might be wondering ‘how much is a head injury claim worth?’, it’s difficult to give a definitive answer.
The severity of your injury and how badly it’s impacted your quality of life will be taken into account when estimating how much you could claim. For that reason, you may receive a different amount of compensation for a mild head injury compared to a severe head injury.
Generally, though, your claim may comprise general and special damages. General damages cover compensation for your injuries, physical and psychological.
Medical evidence is often used alongside the Judicial College Guidelines (JCG) to help value your injuries. The JCG is a document that includes bracket compensation figures for a variety of injuries.
The table below has been created using figures from the JCG to help you understand what you may be able to claim under general damages following an accident resulting in a head injury.
Please note, these are only estimated figures that you should use as a guide. Every case is different, depending on the severity of your injury, and the physical and psychological impact it has had upon your life.
|Head Injury||Up to £11,980||Minor: A person may have experienced a minor head injury with minimal brain damage.|
|Brain damage||£264,650 to £379,100||(a) Very severe: The person may be able to follow basic commands but will need full-time care.|
|Brain Damage||£205,580 to £264,650||(b) Moderately severe: The person may experience a very serious disability.|
|Brain Damage||£40,410 to £205,580||(c) Moderate: (iii) The person may have reduced concentration and memory.|
|Brain Damage||£14,380 to £40,410||(d) Less severe: Recovery back to normal functions with some lingering effects.|
|Mental Anguish||£4,380||A person may fear their life expectancy is reduced.|
Furthermore, if you have any questions about how head injury compensation may be calculated, call our team. Alternatively, if you choose to hire legal representation, a solicitor can accurately calculate the value of your potential head injury claim.
What Are Special Damages In A Head Injury Claim?
As part of the claims process, you are entitled to seek reimbursement for any past or future financial losses under special damages. Below is a list of expenses and financial losses that can be compensated for as part of head injury claims;
- Care costs
- Rehabilitation, such as physiotherapy
- Home adaptations
- Medical bills, such as prescriptions
- Travel expenses
- Loss of earnings
Please note, you will need to provide evidence to support your claim for any financial losses. For example, you could provide payslips to highlight any lost wages or receipts for any travel expenses.
As discussed, our personal injury solicitors could represent your claim under a No Win No Fee agreement. By claiming on this basis, you can avoid paying an upfront cost for solicitors to start working on your case.
If your claim fails and you’re not awarded any head injury compensation, you won’t be asked to pay solicitor fees.
If your case is successful, a success fee will be deducted from the amount of compensation you are awarded. The fee is legally capped and something you can discuss with your solicitor before your claim begins.
For more information, please don’t hesitate to contact our team. An advisor can assess your case to see if you hold a valid claim. If you do, they can also appoint one of our solicitors to represent your claim on a No Win No Fee basis.
Simply use the details below to get in touch:
- Call us on 0800 073 8804
- Speak with an advisor using the live chat function below
- Fill out our enquiry form so we can contact you
- See the government website for information on claiming compensation after an accident or injury.
- For safety advice, please visit the Royal Society for the Prevention of Accidents (ROSPA).
- Visit Headway, the UK charity that supports those with head and brain injuries.
- Read our guide on brain injury claims for more information on seeking compensation for a head injury.
- Would like to know more about making a minor head injury claim? If so, please read this guide from our website.
- If you’ve experienced post-traumatic stress disorder after your accident, read our guide for more information on seeking compensation.
- For more information on psychological injury claims, please see our guide.
- Find out how much you could get for falling at work by reading our guide.
- Read our guide on making a ladder accident compensation claim.
- Read our guide to find out about scaffolding accident claims.
- Visit this guide to understand how to find the best personal injury solicitors for Coventry to represent your claim.
- Read our guide to understand how to find the best car accident claims solicitors for Birmingham.
- For more information about claiming compensation for an injury after a car accident, see this guide.
- Read this article to see if you could claim for a crane accident.
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Thank you for reading our guide on head injury compensation claims.