How Much Compensation For Brain Injury Claims?
By Cat Way. Last Updated 8th July 2024. Suffering a brain injury can be a life-changing incident. In some cases, it may have happened through no fault of your own. Brain injury claims could be made if certain eligibility requirements are met.
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. More severe cases could involve substantial brain damage that will undoubtedly have a considerable impact on your future.
Below, we explain how brain injury claims work and what to consider in order to maximise your chances of success.
If you’d rather speak with someone now to make a personal injury claim, then get in touch with us today. We offer a free case check to everyone who gets in touch, so you have nothing to lose.
You can get in touch with us 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:
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- Compensation For Brain Injury Claims – Example Payouts
- What Else Can You Claim For In Brain Injury Compensation Claims?
- What Is A Brain Injury?
- What To Do If You Are Involved In An Accident Causing A Brain Injury
- How To Begin A Claim For Brain Injury Compensation
- Make A No Win No Fee Brain Injury Claim Today
- Learn More About Brain Injury Claims
Compensation For Brain Injury Claims – Example Payouts
Head injury compensation payouts in the UK can vary a great deal in their value. Different factors can affect how much you could be awarded.
The amount that is calculated by legal professionals to compensate you for your pain and suffering is known as a general damages payment. These damages cover the direct effects of your brain injury upon your quality of life, such as long-term physical problems and psychological injuries as well as physical pain.
When those responsible are arriving at an amount deemed appropriate, they can make use of resources such as the Judicial College Guidelines (JCG).
The JCG is a publication comprised of example figures that relate to potential general damages figures. You can find some excerpts from the JCG in the table below.
However, in order for your own head injury claim to be accurately evaluated, you’ll need to contact us directly. Alternatively, you can use the compensation calculator on our website.
| Brain Injury | Settlement |
|---|---|
| Severe Brain Injury Plus Other Significant Injuries | Up to £500,000+ |
| Very Severe | £344,150 to £493,000 |
| Moderately Severe | £267,340 to £344,150 |
| Moderate (i) | £183,190 to £267,340 |
| Moderate (ii) | £110,720 to £183,190 |
| Moderate (iii) | £52,550 to £110,720 |
| Less Severe | £18,700 to £52,550 |
| Minor | £2,690 to £15,580 |
| Epilepsy - Established Grand Mal | £124,470 to £183,190 |
| Epilepsy (b) - Established Petit Mal | £66,920 to £160,360 |
| Epilepsy (c) - Other Epileptic Conditions | £12,990 to £32,090 |
What Else Can You Claim For In Brain Injury Compensation Claims?
If you can start a brain injury claim, then there are two potential categories for damages which you may be able to seek compensation for. As well as general damages, you can also seek a payout under the special damages head of claim.
Special damages cover less direct and quantitative effects of your brain injury. For example, you might claim for:
- A loss of earnings and the loss of future earnings due to long-term problems that arise as a result of your incident.
- Medical bills.
- Travel fees.
- The cost of domestic care and professional support in carrying out daily functions.
For the reasons we’ve discussed above, the scope of brain injury compensation payouts for mild and serious brain injuries tend is quite wide. The best way to get an accurate valuation is by calling us today to discuss your specific case.
What Is A Brain Injury?
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. If you have suffered a brain injury due to an accident caused by negligence by another party, you may be entitled to compensation for said injury.
Types of Brain Injury
There are different ways in which a brain injury may be categorised. For instance, there are acquired brain injuries (ABI) which refers to injuries caused to the brain since birth. There are also traumatic brain injuries (TBI), which refer to injuries to the brain caused specifically by a type of trauma to the head.
When a brain injury is being diagnosed by a doctor, there are a few levels of severity which may be referred to. These are mild, moderate, severe and very severe.
It is worth noting though that brain injuries can affect different people in many different ways. Therefore, categorising injuries in this way doesn’t always give an accurate picture of what its long-term effects will be.
Effects of Brain Injuries
Ultimately, the short and long-term effects of a brain injury depend on the nature and severity of the injury.
Some people may find that they have short-term effects which wear off, while others may unfortunately feel the symptoms of brain damage for a long time. In certain severe cases, a brain injury can shorten someone’s life expectancy.
The symptoms can include:
- Mood swings and personality changes.
- Memory loss.
- Poor concentration.
- Reduced intellect.
Whether you are making an acquired brain injury claim or seeking compensation for a brain injury caused by a traumatic accident, we can help. Just call us today to discuss your legal options.
What To Do If You Are Involved In An Accident Causing A Brain Injury
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.
- 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 makes it more difficult for whoever you are making your claim against to undermine your case. That’s because it will be more difficult for them to challenge 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 earlier 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 wilful 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. Another example could be the ambulance services’ initial response report if they were called to the accident.
The next few sections will look at the kinds of accidents that might result in making a claim in greater detail.
Claiming Compensation for a Brain Injury Caused by a Road Traffic Accident
Are you seeking brain injury compensation for the effects of a road traffic accident? If so, your claim should seek to highlight that another road user breached their duty of care and caused an accident in which you suffered a head injury.
Upholding the duty of care means using the roads in a way that keeps all travellers safe from accidents. The best way for someone to achieve that is to follow the guidance and legal directives found in the Road Traffic Act 1988 and the Highway Code.
For example, someone who ran a red light and struck you while you were legally crossing the street would be liable as they did not act lawfully.
Even if there were no witnesses to the incident, you might be able to secure relevant evidence through road traffic camera footage or a police report.
Claiming Compensation for a Brain Injury at Work
Looking to claim compensation for a brain injury that you sustained through an accident at work? You’ll need to provide evidence confirming the accident happened. You’ll also need medical evidence of the harm that the accident has caused you. Your claim will also need to establish how your workplace acted negligently and how this negligence directly caused the harm you’ve suffered.
For example, you may experience a slip, trip or fall accident in your workplace. You may have slipped over on an unmarked wet patch down a flight of stairs and hit your head. Such an accident could cause a moderate brain injury with effects such as partial paralysis and persistent headache. As part of your claim, you could potentially provide testimony from other workers that the wet patch was not marked correctly in order to minimise the chance of an accident occurring. Other potential evidence you could gather may include a CT scan from a hospital.
Claiming Compensation for a Brain Injury in a Public Place
Brain injuries can also potentially occur due to an accident in a public place. Those who suffer a brain injury in a public place accident may be entitled to claim compensation. It depends on whether the organisation responsible for the public area acted negligently. Also, it depends on whether the negligence can be directly linked to the accident and brain injury which occurred.
As an example, you may have been shopping inside a supermarket and a shelf fell onto you. It could end up causing minor or moderate brain damage. In response, you could collect evidence, such as CCTV footage or witness statements, confirming the accident happened. A medical report from your doctor could also confirm your injuries and the extent of your suffering. There may be other evidence you (or your solicitor) could gather to show the supermarket acted negligently. For example, an investigative report may show a lack of repair staff were employed to ensure that the shelves were correctly secured to the walls.
How To Begin A Claim For Brain Injury Compensation
At Legal Expert, we can advise and support your potential brain injury claim if you have strong grounds to start such a 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 usually includes proof of the accident, evidence of your brain injury, and proof that the party you are claiming against is liable for your accident. After evidence has been collected, you can call us for free to get clear initial advice about taking your claim further. If we believe you have a legitimate claim, we can potentially support you with one of our No Win No Fee solicitors.
Brain Injury Compensation Claims – Time Limits
If you are interested in claiming compensation for a brain injury, it’s important to make sure that you start your claim within the correct time limit. Under the Limitation Act 1980, the time limit for brain injury compensation claims is generally three years from the date of the accident. However, there are some exceptions to this rule.
For minors under the age of 18, the time limit freezes until their 18th birthday. It starts when they turn 18, and ends on their 21st birthday. At any point during the suspended time, a litigation friend can claim compensation for a brain injury on their behalf.
For those who lack the capacity to claim for themselves, the time limit is suspended indefinitely. If the appropriate capacity is recovered, then the time limit will reinstate on the date of recovery. However, if it is not, a litigation friend can claim on their behalf at any time.
Get in touch with our team to learn more about time limits for starting a brain injury claim. Or, read on to learn more about brain injury compensation payouts in the UK.
Make A No Win No Fee Brain Injury Claim Today
Some people considering a brain injury claim may be concerned about legal fees they might have to pay during their claim. 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. This is due to our No Win No Fee solicitors and the terms they offer.
When a No Win No Fee solicitor supports your claim, you’ll sign what’s known as a ‘Conditional Fee Agreement with them. It protects your finances from being undermined by your claim. This is because you’ll usually only be charged if your brain injury claim proves to be a success in court. If your case is not a success, then you do not need to pay your solicitor’s legal fees.
Contact Us For Advice And Support
- You can call us on 0800 073 8804
- To message us online, you can use our online contact form
- Or you can alternatively reach us online by using our live chat service
Learn More About Brain Injury Claims
Here are some extra guides and resources that you may find useful.
Headway is a charity dedicated to head and brain injuries. In this guide, they provide lots of useful information on types of brain injuries that people may experience.
A guide from the Health and Safety Executive (HSE), Britain’s workplace health and safety regulator. It covers reportable injuries, including brain damage, that employers must make the HSE aware of.
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. Our accident at work claims guide provide lots of information on the claims process.
Read this guide to see if you can claim compensation for a skiing accident with a solicitor’s help.
Thank you for reading our guide about brain injury claims and brain injury compensation.
