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Brain Injury Compensation Claims

By Daniel Archer. Last Updated 29th July 2022. 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 negligent behaviour by another party, then you may be entitled to compensation. In this guide, we explain how brain injury claims work and what to consider in order to maximise your chances of success if you have grounds to start such a claim.

If while reading this guide, you’d like free legal advice from our personal injury claims team, you can get in touch with us in any of the following ways:

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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.

brain injury claims

Brain injury claims

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.

Causes and symptoms of a brain injury

Potential causes of brain injuries can 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:

  • Fatigue
  • Mobility issues
  • Paralysis
  • Speech problems
  • Memory loss
  • Personality changes
  • Depression and anxiety
  • Emotional and behavioural differences

Head Injury Government Statistics

A 2019 document released by the UK government outlined 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.

Acquired brain injury statistics graph

Acquired brain injury statistics graph

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.

What to Do If You Are Involved in an Accident Causing 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 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. 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

Have you have suffered a brain injury as a direct result of a road traffic accident? You may be entitled to brain injury compensation based upon the previously mentioned criteria. Say, for example, you were crossing the street and you’re struck by a company van that runs a red light. You could gather information such as witness contact details or CCTV footage. Such evidence can help confirm the account of the accident that you give. In addition, collecting medical evidence, such as a CT scan showing your injury, could help prove your claim.

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.

Time Limits for Brain Injury Claims

The time limit for starting personal injury claims is usually 3 years. This usually applies from the date of the accident which caused your injuries. We always recommend getting your claim started as soon as possible.

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. If someone eligible for compensation is currently unable to claim on their own behalf, then a case could potentially be started on their behalf by a representative known as a litigation friend.

Compensation For A Brain Injury – 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. 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 semi-regularly updated publication. The latest edition was published in 2022. It’s comprised of example figures that relate to potential general damages figures, based on past court cases. 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.

InjurySetlement Notes
Very severe brain damage£282,010 to £403,990Is is expected that this person will have little to no meaningful response to their environment and will need constant care.
Moderately severe brain damage£219,070 to £282,010The claimant will have a severe disability and be substantially dependent upon others for care and basic tasks.
Moderate brain damage (1) £150,110 to £219,070The 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)£90,720 to £150,110The claimant will be affected in a similar way to those above but in a more moderate or modest way.
Moderate brain damage (3)£43,060 to £90,720Poor concentration and poor memory as well as a reduced ability to work may all be present.
Less severe brain damage£15,320 to £43,060Compensation 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£2,210 to £12,770The compensation award will be dependent on similar factors to those listed above.
Epilepsy (a)£102,000 to £150,110Established Grand Mal
Epilepsy (b) £54,830 to £131,370Established Petit Mal. Compensation may depend on the effect which medication can have in controlling symptoms.
Epilepsy (c)£10,640 to £26,290Other Epileptic Conditions - such as where they are 1 or 2 discrete epileptic episodes or where the condition returns.
Total loss of taste and smellIn the region of £39,170May be associated with head or brain injuries.

What Else Can You Claim For In Brain Injury Compensation Claims?

If you can start a brain injury claim, then there are two main categories for damages which you may be able to seek compensation for. These are known as general damages and special damages. The injuries and compensation brackets listed in the table above are examples of general damages only. Below, we explain more about how general damages and special damages are defined:

  • General damages – 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.
  • Special damages – these damages cover less direct and quantitative effects of your brain injury, such as loss of earnings and the loss of future earnings due to long-term problems that arise as a result of your incident.

No Win No Fee Brain Injury Claims

Some people considering a brain injury claim may be concerned about the amount they would have to pay in legal fees to start and process 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 due to our policy of providing No Win No Fee solicitors.

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

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  • Or you can alternatively reach us online by using our live chat service

Learn More About Brain Injury Claims

In this section of our guide to brain injury claims, we’ve included some extra guides and resources you may find useful.

NHS Severe Head Injuries

An NHS guide to severe head injuries.

Headway – Types Of Brain Injury Explained

Headway is a charity dedicated to head and brain injuries, and in this guide, they provide lots of useful information.

A HSE Guide to Reportable Injuries Under RIDDOR

This guide provides some details on the types of head and brain injuries suffered at work that need to be reported under RIDDOR.

How Much Compensation Can I Claim For A Head Injury?

Our detailed guide to head injury compensation settlement amounts.

Road Traffic Accident Claims

Click here for our detailed guide to car accident claims—a common cause of head and brain injuries.

Accident at Work Claims

Brain damage can be suffered in accidents at work, and in this guide, we provide lots of information on the claims process.

How Much Compensation Can I Claim For A Skiing Accident?

Read this guide to see if you can claim compensation for a skiing accident.

Other Useful Compensation Guides

Brain Injury Claims FAQs

In this final section, we’ve included answers to some questions we’re often asked in relation to claiming brain injury compensation.

How much compensation will I get for a brain injury in the UK?

This is quite a broad question, as a brain injury can vary quite drastically in terms of severity and the impact it can have on someone’s life. Some brain injury claims may be made for relatively minor injuries. By comparison, some brain injury claims could be made for life-altering ailments.

Because of the number of variables, to give an example amount for brain injury claims in this article would be counter-productive. This is because every claim is unique, and requires special attention to arrive at a suitable settlement for each claimant.

Contact us today for a bespoke calculation. Or, you can you our brain injury claims compensation calculator.

What is the value of mild brain injury settlements?

Even within the bracket of “minor” brain injuries, the scope can still be quite wide. Because of this, it can be difficult to give a valuation of your claim without speaking with you directly first. The more information we have on your circumstances, the more accurately we’ll be able to assist.

I acquired a brain injury in a road traffic accident, can I claim?

You can be compensated for injuries sustained in a road traffic accident. This includes brain injuries.  However, claiming brain injury compensation hinges on establishing negligence. In other words, you need to be able to prove that your injury was caused by someone who owed you a duty of care.

On the road, this could be another driver. A good example could be if they were speeding and couldn’t stop in time. By not obeying the speed limit, they were not upholding their duty of care by following the rules and guidelines in the Highway Code. Things such as dashcam footage, police reports and witness statements can help support a claim such as this.

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.

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