Brain Injury Compensation Claims
By Stephen Dallas. Last Updated 7th October 2021. Welcome to our guide on brain injury compensation claims. The term ‘brain injury’ covers a wide-ranging spectrum of troubles that may affect you due to an accident, which can occur in many different ways.
Whilst you may be only experiencing minor symptoms such as headaches and nausea, these can still have a significant effect on your quality of life, even disregarding the more severe cases that could involve substantial brain damage that will undoubtedly have a considerable impact on your future.
If your brain injury or illness has occurred due to an accident that you believe not to be your fault, then this guide and our company can quickly assist you in making your brain injury claim and ensuring the maximum chance of your claim being awarded.
If while reading this guide you’d like free legal advice from our personal injury claims team, you can get in touch with us day or night in any of the following ways:
- Call us on 0800 073 8804
- Use our online contact form to write to us about your brain injury claim
- Or chat with us now using our live chat feature
Select a section:
- A guide to brain injury compensation claims.
- What to do if you are involved in an accident causing brain injury?
- Compensation for a brain injury caused by a road traffic accident.
- Brain injury at work claim.
- Claiming compensation for a brain injury in a public place.
- Head injury compensation Case Studies.
- Judging the severity of a brain injury.
- How to begin a brain injury compensation claim?
- What can be claimed for after an accident causing a brain injury?
- How much can I claim for a brain injury? – Updated March 2021
- No win no fee brain injury claims.
- Why choose us as your claims service for a brain injury claim?
- Call for Free Advice and To Start a Brain Injury Compensation Claim
- Helpful Links
- Brain Injury Compensation FAQs
Brain injuries are among the most severely debilitating injuries you can sustain. They can seriously affect your quality of life, even if the injuries are just of minor or moderate severity. Most importantly, if you have suffered from an accident that was not your fault, you may be entitled to compensation for said injury.
This guide exists to inform and assist you with your potential compensation claim. It comprehensively covers the most critical issues that you must consider if you believe you have a legitimate claim and details on ensuring you get the best compensation possible.
It considers the different situations in which you may have suffered your brain injury, such as in a road traffic accident; an accident at work; or in a public place, alongside how you should best go about making a compensation claim. They can also be caused by errors made in medical care.
When a brain injury is caused by medical negligence, the victim and family affected can make a claim for pain and suffering, financial losses such as a loss of earnings, medical bills, the cost of care or adaptation to the home. The basis on which any claim is made concerns a breach of a duty of care of some kind.
Time Limits for Brain Injury Claims
The time limit for personal injury claims is 3 years, meaning you must begin legal proceedings within this period if you wish to seek compensation.
There are some exceptions to this 3 year limitation period, including for claimants that lacked the mental capacity to claim for themselves and children yet to reach their 18th birthday. However, you could claim on behalf of a loved one by acting as a litigation friend for them.
So, if you’ve been injured and think you could be entitled to compensation, please don’t hesitate as you could miss out on your eligibility. Speak to a member of our team today about making a claim for your case and see how we could help you get the maximum compensation you deserve.
Brain Injury Statistics
An acquired brain injury is the term used to describe a brain injury incurred for any reason after birth. Causes could include traumatic injuries, such as a road traffic accident or a fall, as well as non-traumatic causes, such as stroke or infection.
Symptoms of an acquired brain injury can be both physical and cognitive and can include:
- Mobility issues
- Speech problems
- Memory loss
- Personality changes
- Depression and anxiety
- Emotional and behavioural differences
In 2019, there were around 1.4 million people living with an acquired brain injury in the UK, costing the economy an estimated £15 billion every year for things like healthcare, social care and lost workers’ contributions as a result of disability.
If you’ve had to pay out of pocket for medical bills, loss of earnings or other costs relating to your injury, you could be able to recover them as part of your claim. Providing you can prove that third-party negligence was responsible, you could have grounds to claim compensation.
If you are injured in an accident that caused a head and brain injury and you want to claim compensation, gathering evidence of the accident is an essential first step to ensuring that you have the best possible chance for your claim to receive maximum compensation.
- Firstly, you should gather witness statements from those surrounding you when the accident occurred.
For example, suppose you have suffered a brain injury due to a falling roof tile within a public library. In that case, you should get statements from others within the library to confirm the sequence of events as you describe them. This ensures that whoever you are making your claim against cannot undermine your case by challenging whether the accident in question occurred as you describe.
- Secondly, you should find evidence that the party you are claiming compensation against is responsible for the accident that caused your injury.
To return to our example, you could find evidence that the library ignored health and safety inspectors’ advice when an issue with the roof tile was found earlier. This willful ignorance of the problem that caused your accident, and subsequent brain injury, influences how responsible the party in question is and how much compensation, if any, you can receive from them.
- Thirdly, you should ensure that you have evidence supporting the severity of the brain injury that you sustained as a result of the accident.
For example, this could be a CT scan you underwent after the accident that showed significant tissue damage or the ambulance services’ initial response report if they were called to the accident. This ensures that you can receive the maximum compensation possible, as head and brain injury compensation calculators focus upon the severity of the injury that you claim to have sustained.
The next few sections will look at the kinds of accidents that might result in making a claim in greater detail.
Road accidents are a common cause of brain injury in modern society. Studies have shown that they account for 14.3% of brain injuries reported, beaten only by falling, which accounts for 40.5% of reported brain injuries. Clearly, this has become a significant danger in everyday life, and if you have been involved in an accident on the road that resulted in a brain injury, you could be owed compensation.
This accounts for not only inter-vehicular accidents, which are commonly believed to be the most common form of accident that takes place on the road, but also bicycle accidents, both involving and not involving cars or pedestrians, and pedestrian accidents.
If you have suffered as a direct result of a road traffic accident, you may be entitled to brain injury compensation based upon the previously mentioned criteria: if you can prove the accident occurred as you report it, if you can verify the extent of the injury, and if you can confirm the liability of the other party for the occurrence of the accident.
For example, if when crossing the street, you are struck by a company van that runs a red light, you could gather information such as witness contact details or CCTV footage that confirms the account of the accident that you give. In addition, medical evidence, such as a CT scan showing the trauma that has occurred as a result of your injury, could help prove your claim.
If you’d like to chat with a member of our team about brain injury claims or get your own claim started today, simply get in touch with us at the phone number at the beginning and end of this guide.
Brain injuries can also commonly occur in the workplace, which could result in a work accident claim. Falling makes up over 40% of brain-related injuries, and many of these falls can occur in the workplace. If you’re injured at work, it can be easier to claim compensation for an injury at work rather than in a public place or from a road traffic accident, as there is a clear liability from your employer for accidents that happen and clearly stated health and safety regulations to use as evidence for said liability.
To successfully claim compensation for a brain injury that you sustained through an accident at work, you must provide evidence for the accident occurring, evidence of the medical damage that the accident has caused you, and evidence for your workplace being liable for the injury and subsequent damage. One strand of employer’s liability could be failing to provide proper training that could have prevented the accident. The employer is also legally obligated to report your accident at work, regardless of severity or circumstances.
For example, think about a slip, trip or fall causing accidents in the workplace. So, if you slipped over on an unmarked wet patch down a flight of stairs and hit your head, thereby causing you a moderate brain injury with effects such as partial paralysis and persistent headache, you could provide testimony from other workers the wet patch was not marked correctly in order to minimise the chance of an accident occurring, a CT scan from a hospital that shows the full extent of the damage done to your brain, and the health and safety regulations that should have stopped your workplace from allowing a wet patch to be left unmarked.
You can contact us to learn more about workplace brain injury compensation claims.
When attempting to claim compensation for a brain injury that you sustained due to an accident that occurred in a public place, it becomes more challenging to determine who exactly may be liable for the damage done to you and thereby responsible for paying you compensation.
However, the basic requirements for making claims for brain injuries do not change: you must provide evidence for the accident occurring, evidence of the medical damage that the accident has caused you, and evidence for an individual or group being liable for your injury.
For example, if you are shopping inside a supermarket and a shelf falls onto you and causes minor or moderate brain damage, you could provide: evidence that the accident happened, such as internal CCTV or witness statements from others within the supermarket; evidence of the severity of your brain injury, such as a report from your doctor which clearly states the extent to which you are suffering; and evidence of the supermarket being liable for the accident itself, such as a lack of repair staff to ensure that the shelves were correctly secured to the walls.
A 2019 document released by the UK government outlined the statistics relating to Acquired Brain Injury (ABI). It specifies that there are 1.4 million people within the UK that are living with a brain injury. The graph below shows the admittance rates in NHS hospitals for ABIs since 2001.
The document also stated that there were 304,800 head injury cases in the period 2017/18. As a result, head injury and strokes account for the vast majority of that figure.
If you’ve been one of these unfortunate people and want free legal advice on making a brain injury claim, please get in touch with our personal injury advisers.
One of the most critical aspects of your brain injury compensation claim is the judgement of severity, especially in terms of how much compensation you will be able to claim due to a head injury compensation calculator prioritising this aspect in determining your head injury compensation amounts. In terms of a doctor specifically diagnosing the type of injury, brain damage severity can be split up into four different categories: minor, moderate, moderate to severe, and very severe.
- Minor – tends to be of relatively slight severity, and as such if you make a minor head injury claim, then your compensation will be significantly lower than a moderate or severe brain injury claim. Minor damage to the brain is characterised commonly by either resulting in no loss of consciousness or loss of consciousness lasting no longer than 20 minutes. Other common symptoms that you can recognise are nausea, dizziness, and concussion. However, for concussion compensation, how much you can be compensated does not increase based on duration or severity.
- Moderate – more severe than minor brain damage and can be typically characterised by a loss of consciousness that lasts between 20 minutes and 6 hours. Other symptoms that you should be looking for are a persistent headache, seizures, and uncharacteristic aggression and agitation. This results in your potential compensation for moderately severe brain injuries being significantly higher than the compensation you may be given for minor brain injuries.
- Moderate/severe – can be severe and is normally characterised by a loss of consciousness that lasts for any period longer than 6 hours, with very severe brain injuries potentially causing a loss of consciousness for longer than 24 hours. However, other symptoms can include long-term memory loss, blood and other clear fluids coming out from your nose and ears, and hearing or vision loss. It is because these symptoms are the most severe and dangerous out of all of the different categorisations of brain injury that you will receive significantly higher compensation than the minor or moderate brain injury compensation amount if your claim is found to be legitimate.
If your family member has suffered a traumatic brain injury and cannot proceed with a claim, you may be able to act as a litigation friend. This entails claiming on behalf of someone who doesn’t have the capacity to do so themselves. For more details on the brain injury claims process when representing someone else, get in touch with our team today.
Under the close guidance and advice of our company, it can be straightforward to begin the process of your brain injury compensation claim.
As previously stated, the first step for you to take is to collect the necessary evidence to prove the claim that you are making concerning your injury. This includes proof of the accident, evidence of your brain injury, and proof that the party you are claiming against is liable for your accident. Then, after this evidence has been collected, you can call our company for free to get clear initial advice about whether you should take your claim further and what additional evidence you may need to collect to ensure the legitimacy of your claim.
If this goes well and we believe you have a legitimate claim, we will offer to represent you legally, and help you claim compensation. As a bonus to this, our company operates under a ‘No Win No Fee’ policy that acts as an added safety barrier to your claim and your finances that will be explained in more detail below.
While you may only be considering claiming for your direct medical expenses as compensation for your brain injuries, such as testing or rehabilitative physiotherapy, you would be surprised what expenses can be claimed that are incurred due to your accident and brain injury. The average compensation for head injury claims depends heavily upon your individual case, and especially concerning long-term factors that affect your life over a significant period of time:
- General damages – these damages cover the direct effects of your brain injury upon your quality of life, such as long-term physical problems and emotional suffering as well as physical pain.
- Special damages – these damages cover less direct and quantitative effects of your brain injury, such as the loss of future earnings due to long-term problems that arise as a result of your incident.
- Financial damages – these damages cover the direct financial costs related to the injury, such as the cost of adapting or moving house to better suit your new living requirements, the cost of care at home if it is needed, or any loss of earnings.
- Medical bills – these costs are also commonly claimed in brain injury compensation claims and cover a variety of costs such as access to non-NHS health care, either privately or internationally seeking medical treatment that is not available on the NHS. Long-term rehabilitation to improve your chances of fully recovering from your injuries.
- Travel costs – these costs that are commonly claimed and include the cover of travel to and from hospital appointments or to specialist facilities like special education facilities that otherwise assist in your rehabilitation.
Our next section will look in greater detail at the amounts you could receive as part of a claim for a brain injury.
Although it is impossible to give a firm indication of just how much you might receive in compensation for a brain injury, the figures below are a rough guideline. Every case is different with its own unique circumstances, so compensation awards may differ from those that are detailed below:
|Very severe brain damage||£264,650 to £379,100||Is is expected that this person will have little to no meaningful response to their environment and will need constant care.|
|Moderatly severe brain damage||£205,580 to £264,650||The claimant will have a severe disability and be substantially dependent upon others for care and basic tasks.|
|Moderate brain damage (1)||£140,870 to £205,580||The person will have sustained a moderate or severe level of intellectual deficit s well as having suffered a personality change and seen other complex effects.|
|Moderate brain damage (2)||£85,150 to £140,870||The claimant will be affected in a similar way to those above but in a more moderate or modest way.|
|Moderate brain damage (3)||£40,410 to £85,150||Poor concentration and poor memory as well as a reduced ability to work may all be present.|
|Less severe brain damage||£14,380 to £40,410||Compensation awarded is affected by factors such as depression and personality change, how severe annd extensive the injury is and any continuing symptoms and effects.|
|Minor brain or head injury||£2,070 to £11,980||The compensation award will be dependent on similar factors to those listed above.|
|Epilepsy (a)||£95,710 to £140,870||Established Grand Mal|
|Epilepsy (b)||£51,460 to £123,340||Established Petit Mal. Compensation may depend on the effect which medication can have in controlling symptoms.|
|Epilepsy (c)||£9,990 to £24,680||Other Epileptic Conditions - such as where they are 1 or 2 discrete epileptic episodes or where the condition returns.|
|Total loss of taste and smell||In the region of £36,770||May be associated with head or brain injuries.|
You can claim compensation for many different things, not only the commonly claimed medical expenses but also other costs, directly and indirectly, related to your brain injury. The success of your head injury compensation pay-outs, like all compensation claims, rely upon the severity of the damages and the evidence you can represent. Keep in mind that the employer’s insurance company is likely to pay your compensation if your case succeeds.
Brain Injury Statistics
We previously mentioned that various factors could ultimately contribute to a brain injury, such as an accident on the road or an accident at work.
Within this section of the guide, we wanted to take a moment to outline some critical statistics that could be of use to those intending on taking legal action. However, please note that the statistics provided are for example purposes only, and they do not directly relate to cases of negligence.
A road traffic accident is a prevalent type of incident that can often lead to various injury and trauma types. For instance, it was reported by the Department for Transport’s annual report on recorded road casualties in Great Britain for 2020 that there were 23,529 serious injuries sustained and 1,460 reported road deaths during this particular year. In total, there were 115,584 casualties of all severities concerning road accidents. So, what are some of the main causes?
Within the report provided by the Department for Transport, it continues to outline these statistics further, stating that in 2020;
- Car occupants accounted for 618 of all road deaths.
- Pedestrians accounted for 346 of all road deaths.
- Motorcyclists made up 285 of the recorded road deaths during the year.
- And finally, pedal cyclists accounted for 141.
Have you have been involved in an accident while driving, cycling or otherwise using the road that wasn’t your fault? If you have, then please do not refrain from contacting our team. One of our advisers would be more than happy to speak with you and offer free legal advice.
Some of the worst aspects of filing a brain injury claim to get compensation for your accident are the legal fees that you may be charged to fight for the legitimacy of your claim in court. These fees can be incredibly hard to meet, especially if you are already under financial strain due to the brain injury that you have suffered, and in some cases could even exceed the amount of brain injury compensation that you are awarded.
However, if you choose our company as your claims service for making your brain injury compensation claim, then we will ensure you never have to suffer under the weight of these heavy legal fees due to our policy of offering No Win No Fee claims.
These claims, also called a ‘Conditional Fee Agreement,’ guarantee that your financial stability will not be undermined due to your claim. This is due to the fact that you will only ever be charged for our services if your brain injury compensation claim is successful in court. If your case doesn’t go well, then you do not need to pay legal fees.
This provides a solid base for any individual, regardless of how limited their financing options may be, to take their claim to court. As a company, we care about your ability to help people navigate the legal system, especially if you have suffered from an accident and find yourself unable to find justice due to the instability that such a process would create within your life.
We additionally limit the maximum fee charged to 25% of your total compensation when you do win your case, thus ensuring your legal fees do not exceed the amount of compensation that you receive and actually leave you worse off than before you made the brain injury compensation claim.
When you use this guide to consider whether or not you have a legitimate brain injury compensation claim, you should consider choosing our company as your claims service for your claim.
Our company will provide you with stable and robust support and assistance through what is certain to be a difficult time in your life. You will find our advice easy to understand and fair, proven by our years of experience dealing with brain injury claims.
Our hands-on approach and representation on a No Win No Fee basis will ensure that you receive the maximum possible compensation with minimal interference and stress created within your life. We also make sure that your case is handled with due care, and no action is taken that could cause your brain injury claim to be overturned. Contact our team today to see how our panel of personal injury lawyers could be of assistance.
No matter how legitimate you may believe your brain injury claim to be, or how much you believe you will receive adequate compensation for your accident and subsequent injury, it would be best to seek legal advice.
If you have suffered a brain injury of any kind that you believe to be someone else’s fault, such as your workplace, a private firm, or another individual, it is always worth getting advice.
Call 0800 073 8804 now, and our company is able to provide you with free advice on how to proceed with your claim and how much brain injury compensation you could receive.
In this section of our guide to brain injury claims, we’ve included some extra guides and resources you may find useful.
An NHS guide to severe head injuries.
Headway is a charity dedicated to head and brain injuries, and in this guide, they provide lots of useful information.
This guide provides some details on the types of head and brain injuries suffered at work that need to be reported under RIDDOR.
Our detailed guide to head injury compensation settlement amounts.
Click here for our detailed guide to car accident claims—a common cause of head and brain injuries.
Brain damage can be suffered in accidents at work, and in this guide, we provide lots of information on the claims process.
In this final section, we’ve included answers to some questions we’re often asked in relation to claiming brain injury compensation.
What qualifies as a traumatic brain injury (TBI)?
A traumatic brain injury may be caused by an accident such as a car accident or other violent trauma to the head. The injury involves the normal function of the brain being disrupted in some way.
What are the three types of TBI?
The three basic levels of traumatic brain injury are minor, moderate and severe. However, there are many subcategories or degrees of injury within these.
What are the long-term effects of a traumatic brain injury?
What the long-term effects will be is highly dependent on the nature and severity of the injury sustained. The person may be left with a variety of physical, cognitive and psychological symptoms which may last for short or life-long periods of time.
How does traumatic brain injury affect behaviour?
Changes to people’s behaviour could include changes in frustration, becoming more aggressive or angry and problems with self-control and impulsivity.
Can TBI cause personality changes?
Depending on the injury sustained, a blow to the head could cause a variety of personality changes. These may be temporary or long-term.
Can a brain injury cause anger?
Traumatic brain injuries can affect your personality and cause anger as well as increased aggressiveness.
Can a person recover from a brain injury?
It is possible to recover from head or brain injuries. This will depend on how severe the initial injury was. Your head injury compensation claim will take your future prognosis into account. To help aid recovery, it may be possible to make a brain injury claim to access funds for more advanced treatment.
Does TBI shorten your life?
This very much depends on the injury sustained. In some cases, those who suffered a TBI may have an increased risk of dying from some conditions.
Thank you for reading our guide about brain injury claims and brain injury compensation.