No Win, No FeeIf you’ve sustained a concussion injury because of someone else’s negligence in a car accident, an accident in the workplace or something else, you may be entitled to make a concussion injury claim for compensation.
We specialise in helping potential claimants with personal injury claims. If you call our claims line your case will be reviewed, for free, by one of our advisors. They’ll also explain your options and offer free legal advice. If your claim appears to have a decent chance of success, you’ll be referred to a personal injury solicitor from our panel. Any case they agree to work on will be managed on a No Win, No Fee basis. That means you won’t have to worry about paying for your solicitor’s work unless you are compensated.
If you’re ready to start a concussion injury claim now, please call us on 0800 652 1345. Otherwise, to learn more about concussion claims first, please carry on reading.
What are Concussion Injuries?
Awareness of the seriousness of concussion injuries has grown significantly in recent years. Concussions are traumatic brain injuries (TBIs) that temporarily affect brain function, often leading to symptoms like headaches, dizziness, confusion, and memory issues. In the past, concussions were often brushed off as insignificant, but even mild concussions can have lasting effects, with symptoms sometimes persisting for weeks or longer.
Common causes of concussion injuries include falls from height, road traffic accidents, sporting incidents, and physical attacks.
Symptoms of Concussion
It is important to realise that you might not immediately realise that you’ve suffered a concussion injury after an accident. In some cases, symptoms will not present immediately and they may not be linked to your accident until a doctor has diagnosed the condition correctly.
Some of the most common symptoms of a concussion include:
- Appearing confused.
- Loss of consciousness.
- Changes in your vision including seeing stars or spots.
- Headaches.
- Fatigue.
- Being irritated by bright light or loud noises.
- Nausea or vomiting.
- Feeling anxious.
Someone with a concussion injury may not necessarily have all of the symptoms listed. If you have been involved in an accident causing a head injury, you should seek medical advice from NHS 111 or at a hospital to check if you’ve suffered a concussion. If a concussion injury is not treated, it could potentially lead to long-term suffering. In the very worst cases, untreated bleeds on the brain could be fatal.
Am I Entitled to Compensation for Concussion?
So that our solicitors don’t waste your time, they’ll only consider helping you claim compensation for a concussion injury if:
- The defendant owed you a duty of care; and
- Because of an act of negligence, the defendant caused an accident; and
- You sustained a concussion injury during the accident.
There are various laws that might be used to establish a legal duty of care. For instance, if you suffer a head injury at work, the Health and Safety at Work Act 1974 might be relevant. Similarly, if you’re concussed after being knocked off your bike by another road user, the Road Traffic Act 1988 might apply.
Proving a duty of care should not be your main concern as this is something that will be clarified by your solicitor. Instead, it may be worth spending some time collecting proof to support your concussion injury claim, if you’re able to. We’ll explain what proof could help a bit further on in this article.
Common Examples of Concussion Injury Claims
Here are some common examples of accidents that could lead to concussions and why they might entitle you to compensation:
- Workplace accidents: Concussions can happen if employers fail to provide a safe working environment. Examples include falls from height due to a lack of safety harnesses, being struck by falling items on overloaded racking, or a slip and fall because of leaking machinery. Employers have a duty to minimise these risks.
- Road traffic accidents: Concussions are common in collisions caused by negligent drivers. This includes accidents involving speeding, distracted driving, or drink-driving. Cyclists may also suffer concussions if struck by car doors being opened into their path.
- Sports accidents: While some risk is inherent in contact sports, concussions may occur due to poor supervision, unsafe playing surfaces, or violence on the pitch. If negligence is involved, you could have grounds for a sports injury claim.
- Physical assaults: Concussions resulting from criminal assaults may entitle you to compensation through the Criminal Injuries Compensation Authority (CICA). Claims can be made even if the attacker is not identified, so long as the crime has been reported to the police.
- Medical negligence: If a concussion is misdiagnosed or left untreated by a medical professional, leading to worsened symptoms or long-term health issues, you might be entitled to claim compensation for medical negligence.
If the type of accident that caused your concussion isn’t listed, don’t worry. A quick call to our team might be all it takes to find out whether or not we could help you claim compensation.
What Evidence Do I Need for a Concussion Injury Claim?
If you decide to sue someone because you believe they caused your concussion, the claim will more than likely end up with their insurance company. They will usually refuse to pay you a penny in compensation unless you can clearly show how their client was responsible for the accident and how serious your concussion injury was. The types of proof that you could use to try and win your claim include:
- Medical evidence: Any head injury should be investigated by a medical professional at a hospital. They will determine the extent of your concussion and what treatment is necessary. Your medical report could be obtained as part of your claim to confirm the extent of your injuries.
- Accident report forms: If you have an accident in a public place or at work, report it. A copy of the incident report will make it difficult for the defendant to deny that the accident happened.
- Witness details: You should give your solicitor the contact details for anyone who saw your accident occur. Witness statements might be required if the defendant’s version of events differs from your own.
- Camera footage: If your accident happened in sight of a CCTV camera or dashcam, try to obtain a copy of the footage as soon as possible.
- If you’re able to, you should try to take pictures at the accident scene. Ideally, you should try to include the cause of the accident before it’s moved or replaced.
We’ll review any proof you’ve collected already during your free consultation.
What Is the Time Limit to Make a Concussion Claim?
You will have 3-years to make your concussion injury claim typically starting from:
- The date you sustained your concussion injury; or
- The date your concussion was diagnosed by a doctor.
However, if your child has sustained a concussion injury, the 3-year time limit will not apply until their 18th birthday. That means you could claim at any point on their behalf before that date.
Rather than waiting until the end of the limitation period, we would suggest that you begin as soon as possible. This will allow enough time for proof to be gathered and medical reports to be obtained.
How Much Compensation for Concussion Can I Claim?
It’s important to assess the impact of your injuries before filing a concussion compensation claim with the defendant. If you work with one of our personal injury lawyers, they will assess how you’ve been affected physically and mentally (general damages) and any financial impact (special damages). If your claim is successful, your solicitor could secure damages to cover:
- The pain and suffering the concussion has caused.
- Any impact your concussion injury had on your family, your hobbies or your social life.
- The cost of replacing any personal property damaged at the time of the accident.
- Care costs to cover the time someone else spent supporting you while you were injured.
- Travel expenses.
- Medical costs including, in some cases, private medical treatment.
- The cost of adapting your car or home to help you deal with any permanent disability.
Concussion compensation can also account for any future impacts or losses. For instance, if ongoing symptoms require long-term medical treatment, therapy, or assistance at home after your claim is resolved, these costs should be included in your settlement.
Can I Claim for Loss of Earnings Due to My Concussion Injury?
If you win any type of personal injury claim, you should not be left out of pocket as a result of your injuries. As such, if you’re income has been affected by your concussion injury, it’s only right that you should try to claim back any lost earnings.
To prove your losses, you can supply evidence like bank statements and wage slips. Additionally, if you’ve missed out on overtime, commission or bonuses because of your injuries, a letter from your employer confirming this could be helpful.
Concussion Injury Compensation Amounts
For successful concussion compensation claims, there are established guidelines for general damages payout amounts. The current recommendations include:
- £2,690 – £15,580 compensation for concussion resulting in minimal brain damage.
- £18,700 – £52,550 for concussion resulting in a less severe brain injury.
- £52,550 – £267,340 for a moderate brain injury.
- £267,340 – £344,150 for a moderately severe brain injury.
- £344,150 – £493,000 for a very severe brain injury.
To check whether we can help you with a concussion compensation claim, please get in touch today.
Will I Need a Solicitor to Claim Concussion Compensation?
While it’s possible to pursue a concussion injury claim without legal representation, instructing a solicitor who specialises in personal injury law could significantly enhance your chances of success.
So that you won’t need to worry about the financial risks of claiming compensation for a concussion, your solicitor will provide a No Win, No Fee service if your case is taken on by us. That means that:
- No upfront payment is needed to cover your solicitor’s work.
- You don’t pay your solicitor if the claim fails.
- A success fee will be deducted from any compensation paid to cover your solicitor’s time and expenses.
The type of contract our solicitors use is called a Conditional Fee Agreement (CFA). This will confirm all of the above and it will clearly show you what success fee you’ll pay if your case is won. This fee is legally capped so it cannot exceed more than 25% of your settlement amount.
Please get in touch to see if you could be supported by one of our No Win, No Fee solicitors.
Concussion Injury Claims Frequently Asked Questions
Can I Claim for the Emotional Distress Caused by My Injury?
You may be entitled to claim for any emotional distress as a result of your accident or concussion injury. For instance, you might suffer nightmares or flashbacks that remind you of how the accident happened. Similarly, you might become anxious or worried about similar accidents happening in the same situation in the future.
As such, if this type of psychological injury can be proved by a medical professional, it could be factored into any compensation you’re awarded.
Will I Need a Medical Assessment for My Concussion Claim?
As part of a concussion claim, you will need to be assessed by an independent expert. They will discuss how you’ve been affected by your injuries and examine you. They may also read through your medical records. After they have completed their examination, they’ll produce a report for both parties in your claim to explain your prognosis.
How Long Will a Concussion Claim Typically Take?
Concussion claims may be settled in around 6 months or so if you’ve fully recovered and the claimant has agreed that they were liable for the accident. However, if they contest liability or more time is needed to confirm the extent of your injuries, some claims will take more than a year.
Start a Concussion Injury Compensation Claim Today
Our team is ready to help if you have decided to sue for a concussion injury. To start the ball rolling simply call us today on 0800 652 1345 and let us know about your claim.
All accepted claims are handled on a No Win, No Fee basis which should make the whole process a lot less stressful.
For further information on concussion injury claims, please discuss your case with an online advisor using our live chat service.
