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How Much Compensation Can I Claim For A Head Injury?

By Max Mitrovic. Last Updated 8th July 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.

Head Injury compensation

Head Injury compensation

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?

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.

Symptoms Of Brain Injuries

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
  • Headache
  • 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.

What Causes An Injury To The Head Or Brain?

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.

However, in some cases, there is a failure to uphold this duty. For example, you could hit your head in a car accident or cycling accident as the result of another road user’s negligence.

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.

How Common Are Head Injury Compensation Claims?

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.

Top Tips For Proving Brain Injury Claims

Making successful head and brain injury compensation claims revolves around showing that your injury was caused by negligence. You would only be able to receive compensation for a brain injury if you can show that your injury was caused by a third party breaching their duty of care. This third party could be, for instance, another driver on the road or an employer.

Evidence is crucial to receiving brain injury compensation. Potential evidence you could use in a claim includes:

  • Photographs of your injury and the accident site. This can highlight the extent of your injuries.
  • CCTV footage, if available. This can show the series of events that led to the accident and, in doing so, potentially highlight the liable party. Dash cam footage could also be used if you’re making a road traffic accident claim.
  • Medical evidence, such as copies of scans or notes from the doctor who treated your injury. This can provide details on your prognosis and diagnosis.
  • Witness statements. You can take contact details of any witnesses. They can be contacted as part of the claims process to give statements detailing what happened.

If you have any further queries about making head or brain injury claims, please contact our advisors for free using the above details.

Head Injury Compensation Payouts In The UK

If you’ve been injured due to negligence and are wanting to make a head injury claim, you may be questioning how much compensation you could receive should your claim be successful. You should know that head injury compensation payouts are calculated depending on the case. This means that the amount you could potentially receive in head injury compensation will depend on certain factors such as:

  • The severity of your injuries
  • How long it will take for you to recover, if recovery is possible
  • The effect your injuries will have on your day-to-day life

However, you can still get an estimate of what your claim might be worth. You can go about this a few ways. Firstly, you can look at the table below, which includes figures from the 2022 edition of the Judicial College Guidelines (JCG). The JCG provides legal professionals with guideline brackets to help them award appropriate levels of compensation, some examples of which you can find below.

Injury TypeCompensation BracketNotes
Very Severe Brain Damage (a)£282,010 to £403,990Little to no meaningful response to environment, no language function, and full-time care.
Moderately Severe Brain Damage (b)£219,070 to £282,010Very serious disability, with a substantial need for constant, professional care.
Moderate Brain Damage (c) (i)£150,110 to £219,070Moderate to severe intellectual deficit, personality change, and no prospect of employment.
Moderate Brain Damage (c) (ii)£90,720 to £150,110Greatly lowered ability to work, moderate to severe intellectual deficit, risk of epilepsy.
Moderate Brain Damage (c) (iii)£43,060 to £90,720Reduced employability, issues with memory and concentration, and a small risk of epilepsy.
Less Severe Brain Damage (d)£15,320 to £43,060A good recovery, with the ability to return to work and normal life.
Minor Brain Injury (e)£2,210 to £12,770Little to no brain damage.
Epilepsy (a)£102,000 to £150,110Established grand mal epilepsy.
Epilepsy (b)£54,830 to £131,370Established petit mal epileptic seizures.

However, these figures are not set or guaranteed amounts. Another way you could get an evaluation of your claim is by calling our advisors today. They can provide a free claim estimate and potentially connect you with one of our expert solicitors if they think your claim could be successful.

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;

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.

No Win No Fee Head Injury Claims

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

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