By Max Morris. Last Updated 20th June 2022. A head injury could cause major disruption in your life. You may have to handle significant pain and suffering, and this could last for a long time. And if it occurs due to an accident that wasn’t your fault, you may wish to seek legal advice.
This guide explains everything that you should be aware of when making a personal injury claim. We also provide a sample case study illustrating a £21,000 compensation settlement for a head injury claim. To learn more, use the headings in the list below or simply get in touch with us. Call 0800 408 7825, utilise our Live Chat feature or fill out our online contact form.
Choose A Section
- A Guide To Calculate Head Injury Claim Payouts
- What Classifies As A Head Injury?
- Head Injuries Could Create Financial Problems
- Common Accidents Causing Head Injuries
- More Information About Care Claims
- Estimates Of Head Injury Cases
- Case Study: £21,000 Head Injury Settlement
- Head Injury Compensation Payouts for 2022
- Your Free Settlement Estimate
- What Does No Win No Fee Mean?
- Find Top Quality Personal Injury Solicitors Today
- Discuss Your Case
- Quick Advice
Compensation calculators, No Win No Fee agreements, and general and special damages; are areas we are looking to explain within this guide. Personal injury lawyers would make compensation estimates based on several factors which we’re going to discuss here.
We must mention the 3-year personal injury claims time limit for any personal injury claim. This applies from the date you were either injured or from the date of knowledge. As for a child or a victim lacking the mental capacity to claim; A third party or another appointed representative could be their litigation friend to process their claim. But if the child turns 18 or the victim becomes mentally capable again, and no claim has been made their 3-year window begins. Chat with our helpful team for further information.
Any head injury is one that causes pain to the face or head. Typical signs of a head injury on a mild level are pain, swelling, bruising and a cut. If the injury affects the brain we are looking at a totally set of different symptoms, such as trouble concentrating, not being able to remember, balance being off even causing disabilities. For longer-lasting head injuries, the symptoms would be continuous and not going away nor reducing in force. When a head injury is caused people may become unconscious and/or vomit and some may experience headaches even after the injury has healed
For a minor injury, the problem should settle within weeks, if not days. For a moderate issue, it might not go away for several months. And for severe injuries, you could be dealing with the impact for the foreseeable. Speak to us about how we could handle your head injury case claim.
If the headaches are never-ending even over a year after an accident, the costs of painkillers could be in the mid-hundreds. Medical rehabilitation such as physiotherapy, speech rehabilitation, home adaptations, car adaptations, care costs could mean that a head injury could cause thousands of pounds of expenses.
And also think about whether the victim would have to stop working for a prolonged period due to their injury. And that’s bound to cause major financial problems for the duration of their suffering. Call us by using the number above to talk with Public Interest Lawyers today.
Negligence forms the basis for any claim that you could make. The negligence of a third party arises when they breach their duty of care towards you. If you can prove that this led to an accident resulting in you suffering a head injury, you may have a viable opportunity to claim.
We are going to look at three areas where a duty of care is owed;
The first is employer’s liability (EL). The Health and Safety at Work etc. Act 1974 applies a duty of care within the workplace, though there were 693,000 workplace accidents in 2019/20. A head injury accident at work could be you banging your skull off a wooden shelving unit that wasn’t signposted. If you suffer multiple injuries at work, a multiple injury claim could be the pathway towards your work injury payment.
Public liability (PL) is the second area. Accidents in public places should be preventable under the terms of the Occupiers’ Liability Act 1957. An accident in a public place could be you tripping over a hazardous cable at a nightclub and cracking your head on the floor. A public accident claim could result from any third party breaching their duty of care in a public space.
And we also have road traffic accidents (RTAs). The Highway Code notes a duty of care for road users to follow to look after one another, as well as pedestrians and cyclists. If a negligent road user causes an accident in which a third party is injured they may be liable. Find out more by speaking to us today.
A care claim focuses on any assistance you require primarily as the result of your head injury. This includes using a nurse to look after you if your injuries are preventing you from being active. It also covers any gracious care from relatives or friends who put time and effort towards helping you. And it might also include professional home care services that you pay for to handle chores that your injury prevents you from fulfilling. Any expenses or losses you incur because of your injury can be claimed back in a successful claim as part of special damages. Want to know more? Speak with our specialist team anytime.
An accurate estimate for a compensation payout comes after you undergo an independent medical assessment. This would be covering how the accident occurred, the injury suffered and how it has changed your life. This then determines your case value as general damages and special damages. While general damages handle pain and suffering, special damages focus on costs and losses. They would include lost earnings, medical bills, hospital visits and any additional care. Crucially, your medical evaluation would consider every single potential consequence of the injury and future prognosis. The medical examination or assessment allows your solicitor to accurately put a value on your case as a whole. Learn more by filling out our online form.
Top Tips on Proving a Head Injury Compensation Claim
To receive head injury compensation from a personal injury claim, you need to show that third-party negligence contributed to your injury. To do this, evidence will be required.
Our tips on proving a head injury compensation claim include:
- Taking photographic evidence of your injury and the accident site.
- Submitting copies of medical scans or other medical reports. This can help illustrate the nature of your injury. For example, an MRI scan can help depict the physical damage caused to your skull or brain as a result of the accident. Medical reports can also be used to illustrate the impact of the injury.
- Providing footage of the accident, if possible. For instance, you could have dashcam footage of the events leading up to the accident if you were involved in a road traffic accident. You can also request CCTV footage, in certain circumstances.
- Getting the contact details of any witnesses that saw the accident. Your solicitor can then contact them to take a statement later on. This can help illustrate how the accident occurred.
You may be thinking about using a head injury compensation calculator to see what compensation you could receive. While they could give you an estimate of your potential compensation, our advisors can offer you an evaluation that is more relevant to your actual injury, and may include special damages calculations as well. They can also put you through to a solicitor from our panel who could help build your case.
Please contact us for free legal advice using the above details at a time that’s convenient for you.
Mr Hughes, 28, worked as a shop assistant at a supermarket. He was hoping to progress up the company ladder in a managerial capacity. But an on-site incident would severely hamper his career prospects for some time.
One evening, he was helping to replenish the stock for the next day. The store had a major sale beginning the following morning, so it was imperative for things to be ready. His line manager was also attempting to rush them along as time was not on their side. And this led to an accident.
One of Mr Hughes’ colleagues was handing him a crate of items from the top shelf in the stockroom. But his fellow employee lost his grip and dropped the crate, which hit Mr Hughes hard on the head. He was knocked out cold and an ambulance was called.
At the local A and E department, Mr Hughes underwent extensive investigations including an MRI scan. He was also kept in for several days due to a concussion. Mr Hughes struggled to remember anything about the accident and his memory was very vague. On release from the hospital, it was suggested to Mr Hughes wife that she keep a close eye on him. Any changes in mood or severe headaches she was to bring him back.
At home, Mr Hughes struggled for some time. He had been told by his doctors not to return to work just yet as he still seemed confused, was suffering from severe headaches and had concentration problems.
He felt that there was a pressure to return quickly to work, given the manner in which his line manager operated the supermarket. What’s more, Mr Hughes didn’t want to damage his long-term career prospects by staying away from work for too long.
Though he was back at 100% and back at work after several months, Mr Hughes still felt very upset about the whole ordeal. It came to light that his colleague who had accidentally dropped the crate had been handling it completely wrong due to having no manual handling training.
After seeking legal advice, Mr Hughes was told that his employers had breached their duty of care towards him under the terms of the Health and Safety at Work etc. Act 1974. Therefore, he filed a claim against his employers. Mr Hughes received £21,000 as an out-of-court head injury claim compensation payout. This included £11,980 in general damages and £9,020 in special damages.
|Type Of Special Damages||Includes:||How Much?|
|Lost Earnings||Costs of lost earnings due to the injury during his time off||£8,000|
|Medical Costs and Care Costs||Costs of painkillers during his rehabilitation and cost of care.||£820|
|Public Transport||Costs of public transport journeys to & from hospital||£200|
The case of Mr Hughes is purely an example. It is based on our past experiences of handling and valuing claims and serves to illustrate how accidents can happen and how they are valued.
This next section will provide more information about the potential amount of your head injury compensation if you’re able to make a successful claim.
Compensation from head injury claims can be made up of general and special damages. To receive any form of compensation, you would need to show that third-party negligence caused your injury. In relation to general damages, The Judicial College Guidelines (JCG) can give you an impression of what you could receive.
The figures below are taken from the latest edition of the Guidelines, published in 2022. Please bear in mind, should you receive compensation for a head injury, the amount could differ to the ones in the table. This is because every claim is different, and the amount received can be dependent on many different aspects. All of this information has been taken from successful claims in Wales and England.
|Type of Injury||Severity||Description||Bracket of Compensation|
|Brain Damage||Very Severe||The injured person will only be able to recover the ability to do basic commands – like eye opening and sleeping.||£282,010 to £403,990|
|Brain Damage||Moderately Severe||Serious disabilities will be caused leading to professional and other care being needed constantly.||£219,070 to £282,010|
|Brain Damage||Moderate (i)||Intellectual deficit of a moderate to severe level is created as is a personality change with a significant epilepsy risk.||£150,110 to £219,070|
|Brain Damage||Moderate (ii)||Intellectual deficit is caused (moderate to modest) with their ability to work being greatly reduced.||£90,720 to £150,110|
|Brain Damage||Moderate (iii)||Memory and concentration are affected with a small epilepsy risk.||£43,060 to £90,720|
|Brain Damage||Less Severe||The injured person will be able to return to a normal social life after a good recovery.||£15,320 to £43,060|
|Brain Damage||Minor||If any is experienced, brain damage will be minimal.||£2,210 to £12,770|
|PTSD||Moderately Severe||Professional help will lead to a better prognosis.||£23,150 to £59,860|
|General Psychiatric Damage||Moderately Severe||Significant issues will be created with the injured person’s ability to deal with life, work and education.||£19,070 to £54,830|
|General Psychiatric Damage||Moderate||Prognosis will be good because there will be a noticeable improvement by trial.||£5,860 to £19,070|
If you’d like to know more about making head injury claims, you can contact us for legal advice that is completely free using the above details.
No need for an online personal injury claims calculator. We prefer to focus on accuracy and the unique nature of your injury. We could only learn this information from you, resulting in an estimate that is much closer to matching your claim value. Our friendly team is available 24/7 to begin discussing a potential compensation claim with you.
A No Win No agreement means that you only pay your personal injury solicitor’s legal costs if you win. So, if you receive compensation, your No Win No Fee solicitor takes a success fee, a nominal figure capped by law. But if your case loses, you don’t pay anything to your legal team. Not up-front, not while the case is active, and not at the end either if the case is lost. Only if you win you would pay; otherwise, your solicitor receives nothing. This reduces your stress levels and increases the incentive to make sure you win your claim. Use our Live Chat to ask any questions you may have about No Win No Fee agreements.
A top-quality personal injury lawyer should boast credible qualifications. They should also have a long-standing track record of successfully winning head injury case claims. And they should have positive reviews from clients who have gone through the legal process with them in the past.
Our panel of personal injury solicitors that work to a No Win No Fee structure have the knowledge and experience needed to successfully win a claim. And their skill-sets are second to none when it comes to potentially earning you compensation. Call us today for more details.
Now it’s time for you to speak with us. Get in touch by:
- Ringing our helpful team on 0800 408 7825;
- Making use of our Live Chat;
- Or simply complete the online form.
Keep in mind that even after contacting us, you wouldn’t be obliged to pursue your claim.
If you require further information about making a head injury case claim, the six links below may be of use.
Visit our website to learn all about the work of Public Interest Lawyers.
We have a section devoted to cycling accidents.
Plus we explain how to claim after an accident on a bus in a public street.
The NHS have guidance on head injuries with varying levels of severity.
But they also cover scenarios where the victim is suffering serious headaches.
And they explain identifying broken bones.
Article by AR