Head Injury Claims – How Much Compensation Can I Claim?

A head injury can be traumatic and life-changing, not just for the injured party but also for their loved ones. While some head injuries, like concussions, may resolve within days or weeks, others can lead to long-term complications or, in severe cases, be fatal. If you’ve suffered a head injury in a car crash, fall, or workplace accident caused by someone else’s negligence, you may be entitled to compensation by filing a head injury claim against them.

In this article on claiming compensation for a head injury, we’ll explain how compensation could help you deal with your injuries and when you might be entitled to claim.

If you’d like to begin a claim straight away, please call today on 0800 652 1345. Otherwise, please read on to learn more before calling.

Am I Entitled to Compensation for a Head Injury?

Our injury lawyers don’t want to waste anyone’s time. As such, before they’ll accept a head injury compensation claim, they’ll check it has a reasonable chance of success. To do this, they’ll review the facts to find out whether:

• The party you blame (the defendant) owed you a duty of care; and
• Their negligence caused you to be involved in an accident; and
• You sustained a head injury.

Legally, a duty of care can be established in various ways so you needn’t worry too much about this if your head injury wasn’t your fault. A solicitor will check which laws apply during your initial review.

Common Examples of Head Injury Claims

You may be entitled to claim compensation for a head injury if it was caused by someone else’s negligence. Below are some common scenarios where head injuries can occur:

• Workplace accidents: Falls from height due to a lack of safety equipment are a frequent issue in industries like construction, warehouses, and factories, where such hazards are prevalent.
• Cycling accidents: Cyclists are vulnerable to head injuries, especially in urban environments where accidents at junctions are common.
• Slips, trips, and falls: These are among the most reported accidents in workplaces, public areas, and private properties, often caused by negligence in maintenance or cleaning.
• Assaults: Head injuries from assaults or violent crimes are unfortunately common and are recognised by schemes like the Criminal Injuries Compensation Authority (CICA) in the UK.
• Road traffic accidents: Head injuries often occur in car accidents due to sudden impacts, whether as a driver, passenger, pedestrian, or motorcyclist.
• Falling objects: Poorly secured items or fixtures are a significant risk in retail environments, warehouses, and building sites, leading to many injury claims.
• Public transport accidents: Abrupt movements by bus or train drivers causing passengers on public transport to fall are not uncommon, particularly in crowded or poorly maintained vehicles.

Even if you don’t see a scenario above that matches your own, please get in touch. So long as your head or brain injury was someone else’s fault, we could help you to claim compensation.

What Types of Head Injuries Can I Claim For?

Here are some of the different head injuries that could lead to a compensation claim:

If you’ve suffered a head injury of any type in an accident caused by someone else, please get in touch, let us know what happened, and we’ll review your options.

What Evidence Do I Need for a Head Injury Compensation Claim?

Most personal injury claims will be contested by the defendant’s insurers initially. It’s unusual for liability to be admitted from the outset which means you’ll need to prove what caused your head injury, who was to blame and how you’ve suffered. That’s why it’s important to supply as much proof as possible. Here are some examples of what you could use:

• Accident report forms: All employers and most businesses need to record any incidents on their premises. You should be given a copy of the report (or you can request one) and it could be used to prove when and where your accident occurred.
• Medical records: Notes from a hospital and any x-rays can be obtained to help prove the extent of your injuries. They could also prove what treatment you had to endure.
• CCTV footage: If the accident in which you sustained your head injury was captured on CCTV or dashcam, it can make it much easier to prove what happened. Try to secure a copy of the footage as soon as possible.
• Photographic proof: Additionally, you should try to take pictures of the accident scene if possible. Ideally, try to take pictures from various angles before anything is removed from the accident scene.
• Witness information: To help prove who was to blame for the accident, your solicitor might ask any witnesses for a statement, so try to secure their contact details straight away.

As part of your free head injury claim review, we can assess any proof you have collected. Please call today if you’d to know more.

What Is the Time Limit to Make a Head Injury Claim?

All head injury claims are subject to time limits in the UK. If you don’t start your claim within the permitted timeframe, your case might be refused because it has become statute-barred. Typically, you’ll have 3 years to claim from:

• The date the head injury occurred; or
• The date the head injury was diagnosed.

Exceptions to this 3-year limit apply if you’re claiming on behalf of someone who:

• Is under 18 years old, as children cannot represent themselves legally; or
• Lacks the mental capacity to file a claim on their own.

In such cases, a responsible adult can act as a litigation friend to manage the head injury claim on behalf of the injured party. If you need assistance with becoming a litigation friend, we can help guide you through the process.

Once you’ve been appointed as a litigation friend, the claim will proceed as normal. If compensation is awarded, it will usually be held in a court-administered trust until the injured party turns 18 or regains mental capacity. As a litigation friend, you can apply to the court to release funds from the trust if they are needed to benefit the injured individual.

How Much Compensation for a Head Injury Can I Claim?

It’s true that no amount of compensation will always make things better following a head or brain injury. However, it could help make it easier to deal with the physical or financial impact of your injuries. When making head injury compensation claims, you could seek damages to cover:

• The pain and suffering your head injury has caused.
• The cost of a carer.
• Modifications to your home to help you deal with any disability resulting from your accident.
• Lost earnings and future loss of income.
• Medical expenses.
• Travel costs.
• The impact your injuries have on your social life and hobbies.

If your claim is accepted, your solicitor will review your claim thoroughly. They’ll do so to try and ensure nothing is missed in an effort to secure the maximum amount of compensation possible.

Head Injury Compensation Amounts

Head injuries can vary significantly in severity, with some resulting in minor symptoms that resolve quickly, while others cause lasting complications or permanent damage. The Judicial College provides guidelines based on previous compensation awards for head injuries, helping to estimate potential payouts.

While these guidelines are not legally binding, they are widely respected by courts and solicitors and are often used as a reference when calculating head injury compensation.

• Minor head injury with minimal brain damage, £2,690 – £15,580.
• Less severe head injury/brain damage, £18,700 – £52,550.
• Moderate head injury/brain damage, £52,550 – £267,340.
• Moderately severe head injury/brain damage, £267,340 – £344,150.
• Very severe head injury/brain damage, £344,150 – £493,000.

To check if we can help you to start a claim for a head injury, call us today.

Will I Need a Solicitor to Claim Head Injury Compensation?

There is no doubt that the cost of using a solicitor might stop you from seeking legal representation. However, having a solicitor on your side could improve your chances of winning your case. As such, to enable more people to benefit from their legal expertise, our solicitors offer a No Win, No Fee service to all accepted claimants. Find out more on how No Win, No Fee works.

At the start of the case, your solicitor will check that they’re happy to represent you. If you both agree to work together, you’ll be sent a Conditional Fee Agreement (CFA). This will explain what your solicitor will do for you and the conditions that need to be met before you need to pay for their work.

As with any contract, you should read your CFA carefully before signing. However, the crux of the matter is that you won’t pay any solicitor’s fees in advance. If your claim is won, you’ll pay a success fee to cover your solicitor’s work. This is listed in your CFA as a fixed percentage of your compensation that will be deducted before you’re paid. You do not pay the success fee unless you are paid compensation.

By law, no more than 25% of your compensation can be retained by your solicitor when your case is funded by a CFA. Want to check if you could claim on a No Win, No Fee basis? If so, please get in touch.

Head Injury Claims Frequently Asked Questions

Start a Head Injury Compensation Claim Today

If you or a loved one has suffered a head or brain injury caused by someone else’s negligence, please get in touch if you’ve decided to take action. If you call us on 0800 652 1345, a specialist advisor will review your claim and explain your options for free.

If you decide to proceed, and your claim is accepted, one of our personal injury solicitors will be appointed to work for you. Crucially, you’ll only pay their fees if you’re compensated because of their No Win, No Fee service.

Thanks for reading this article on head injury claims, and please get in touch if you’d like any further information.