By Lewis Houston. Last Updated 24th August 2023. Have you or a loved one suffered brain damage because of an accident at work, in a public place or a road traffic accident? Can you prove the accident happened because of third-party negligence? Are you looking for information about starting your brain damage claim? Well, this article could help.
In this article, we demonstrate how it’s possible to value and calculate your claim’s highest potential compensation. Relevant links will be provided throughout this article to help you decide on the best route to take. Furthermore, you’ll find out where and how to find No Win No Fee lawyers to handle your case.
We also include an example case study that aims to illustrate how the claims process works from start to finish and how to establish who breached their duty of care to you.
A severe brain injury can be a devastating and life-altering event. Whilst no amount of money might replace the quality of life you or a loved one enjoyed before being the victim of negligence, it could go a long way to meeting your financial needs afterwards.
If you have a question at any point, please don’t hesitate to give us a call on 0800 408 7825 or drop us a line. Our panel of solicitors can handle your claim no matter where you are in the country and have the expertise and experience to handle your brain damage claim.
Select A Section
- The Criteria For Claiming Compensation For Brain Damage
- Defining Brain Damage
- Loss Of Finances From Brain Damage
- Common Head Injury Incidents
- Eligibility Criteria For Care Claims
- Compensation Estimate For Head Injuries
- Case Study: £5 million Compensation For Brain Damage
- Brain Injury Compensation Payouts In The UK – Are They All Calculated In This Way?
- No Win No Fee Broken Down
- Choose The Top Personal Injury Solicitors
- Chat With Us Today
- Further Areas
To be eligible to make a personal injury claim for compensation for brain damage, you will need to prove that you suffered your injury due to a relevant third party breaching their duty of care. Together, this is known as negligence.
You are owed a duty of care in various situations. Some examples include:
- In the workplace – Your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974. Per this duty, they must take reasonable steps to ensure your safety while you are performing your work duties and in the workplace.
- On the road – Under the Road Traffic Act 1988, road users owe each other a duty of care. Per this duty, they must navigate the roads in a way that avoids causing harm to themselves and others. They must also adhere to the rules set out for them in the Highway Code to promote road safety.
- In public – Under the Occupiers’ Liability Act 1957, anyone in control of a public space owes a duty of care. Per this duty, they must take all the necessary precautions and steps to ensure your reasonable safety while you are using that space for its intended purposes.
Time Limit For Personal Injury Claims
If you are eligible to make a brain damage claim, you will need to ensure that you start proceedings within the relevant time limit. The Limitation Act 1980 states that you will have three years to start a personal injury claim from the date of the accident.
However, there are some exceptions to this limitation period. For example, the time limit is suspended indefinitely for those who lack the mental capacity to make their own claim. In this instance, a court-appointed litigation friend could make a claim on their behalf. If the injured party were to regain this mental capacity and a claim has not been made, they will have three years to start one from the date of recovery.
To learn more about the other exceptions to the 3-year time limit for personal injury claims, you can contact our advisors. They could also inform you whether you have a valid case.
Brain damage occurs when brain cells are destroyed or deteriorate. It can result from a number of causes including restriction of oxygen to the brain, neurodegenerative diseases and traumatic head injury.
Any severe impact or trauma to our brain could result in profound and far-reaching consequences. If you believe the accident you endured could have been avoided and wish to proceed with a brain damage claim, it’s essential to answer three questions:
- Was anyone responsible for protecting you, or your loved one’s, health and safety where your accident happened?
- If a third party did have a duty of care, did they breach it through negligence?
- Were you or your loved one’s injuries a consequence of that?
Depending on the severity of your brain injury, you may not be able to work again. If you or a loved one have suffered a life-altering accident, your financial situation could be severely impacted. In the case study of a brain damage claim used later in the article, the injuries sustained meant that the victim will never resume full cognitive function and physical mobility again. (The NHS offers medical advice on severe head injuries that can lead to such brain damage.)
A head injury that was the result of third-party negligence could have the potential for compensation.
If you choose to claim, your personal injury lawyer might seek two heads of compensation. These are known as general damages and special damages.
General damages are awarded to compensate you or your loved one for physical and psychological suffering.
Special damages compensate you for the financial loss you’ve accrued because of your injuries or your loved one’s injuries. You may consider all the financial impacts of your accident, such as:
- Loss of earnings from your job.
- Loss of potential future work.
- Family members needing to provide care.
- Care costs and specialist physiotherapy costs.
- Travel expenses to the hospital and rehabilitation.
- Significant modifications to your home.
If you or a loved one have been the victim of a serious head injury due to third-party negligence and want to proceed with a brain damage claim, please don’t hesitate to speak to our team today. They offer free legal advice with no obligation to proceed with our services and can help you understand what you could claim as part of special damages.
Almost any accident caused by slipping or tripping could also result in a head injury. Severe head trauma can be caused by something falling and hitting the head, the result of a road traffic collision or being struck anywhere above the neck.
Government statistics show the frequency of fatal and non-fatal accidents in the workplace. Additionally, the Health and Safety Executive gives some useful information on how to identify and report an accident at work correctly. If you or your loved one suffered brain damage at work, check if the incident was reported correctly. A report could act as evidence when making a brain damage claim.
If you or your loved one suffered brain damage through medical negligence, you could use medical entries to support your claim.
After a road traffic accident or an injury in a public place, CCTV, dashcam footage or police records could help prove the events leading up to you or your loved one’s injury.
Speaking to a No Win No Fee lawyer could be a good way to get your claim started. If you’d like to be put in touch with one or, alternatively, would like to discuss your claim before committing, call our team.
Helping a family member recover from severe head trauma can be somewhat of an upheaval. If they are permanently injured from the accident, daily life could be altered. It may be that you have had to become the primary carer for a loved one or perhaps you suffered a head injury that you are learning to cope with. There could be a negative financial impact.
Whatever your personal circumstances, professional care may be necessary while you or your loved one adjust. A carer can come with high costs especially if needed around the clock.
Cooking, washing, shopping, and personal care are all things that you or your loved one may need constant help with. They could, however, be recovered as part of your brain damage claim if successful. You would need to keep evidence of the cost of care (through bills or invoices, for example). If care was needed a long way into the future these costs could be forecasted and added to your claim. If your family provided gracious care, their time could be reclaimed in monetary compensation. Please speak to our friendly team for further advice.
When making a personal injury claim you will be invited to a medical assessmnet. It’s the opportunity for a doctor or specialist to confirm that you or your loved one’s brain injury was the result of an accident. If pre-existing injuries were exacerbated by the incident, you could still make a claim. The assessment is also a chance to discuss the long-term prognosis and understand how you and your loved ones can adapt as best as possible.
Should you choose to claim and use a personal injury lawyer, they would arrange for you to meet an independent medical professional. They could also advise on claiming for any additional costs that can result from care.
The two heads of claim are:
- General damages: These compensate you for physical and mental pain and suffering.
- Special damages: These cover financial loss and out-of-pocket expenses such as loss of earnings, the loss of potential future earnings, the cost of paid professional and specialist carers, travel expenses to and from the hospital, and modifications to your home or lifestyle.
When launching a brain damage claim, it’s essential to keep all receipts and invoices as proof of these costs. Without them, it can be challenging to recover financial losses.
Mr Davies ran a car dealership in the town where he lived. He was a married father of two small children and in good physical health. This was changed forever when Mr Davies found himself the victim of one devastating act of carelessness.
The local authority building on the high street was undergoing maintenance work. For months, scaffolding surrounded it and local children had been climbing and swinging on it. Mr Davies walked under it on his way to work each morning, but on this particularly windy day, a loosened steel pole fell and struck him on the head.
After two weeks in a coma, Mr Davies’ family was informed that he would never regain full cognitive ability. While he had mental function and wakefulness, he was in a vegetative condition. He would need 24-hour care for the rest of his life.
The impact on his family was unimaginable. Their lives devastated, they attempted to create as best a home-life routine as possible. However, they soon ran into serious financial problems. His wife had to give up her job to care for him and their children when they could no longer afford nursery fees. At this point, Mrs Davies decided to speak to a No Win No Fee solicitor to discuss their options.
Making a Brain Damage Claim
After it emerged that the scaffolding had been loose for some time, she decided to launch a compensation claim on her husband’s behalf. Despite Mrs Davies’ initial hesitance, her personal injury solicitor was with her every step of the way. And, after a court case, the company admitted negligence in the upkeep of the scaffolding.
Mr Davies was awarded £5 million in damages, and his family was at last able to provide the level of care and dignity he deserved for the remainder of his life. The breakdown of his compensation was as follows:
|The Judicial College Guidelines (a publication solicitors may use to value injuries)
consider severe brain damage
to be worthy of the highest awards £379,100 for a life-changing, degenerative
condition with no chance of
|Due to his accident, Mr. Davies was not able to work
ever again, and his loss of earnings
coupled with potential loss were
estimated at £2,500,000 Million
|Carer costs, including those for the remainder of Mr Davies’ life: £1,350,000 million
|Travel to and from hospital and appointments: £25,000
|Home and car modifications and medical equipment: £75,000
|Gardening and Maintenance £30,000
|£641, 000 Wife gave up career to care for husband.
This case study is for illustrative purposes only, it is based on past cases. It is an example that shows how a skilled No Win No Fee solicitor could help you make a personal injury claim and what could be included.
In the case study, the impact of the claimant’s injury on his family was factored into the compensation amount they received. However, not all injuries to the head or brain are as significant as Mr Davies’. In some cases, the claimant will make a full recovery.
For example, you might be more concerned about the brain injury claim amount you could receive rather than what your family might receive. A personal injury lawyer may use the 16th edition of the Judicial College Guidelines (JCG) to assess the value of your settlement in relation to the pain or emotional distress caused by your injuries.
The JCG features guideline compensation amounts relating to both physical and psychological injuries, some of which we have included in the table in the previous section. Please note that the figures are intended to be used as guidelines only, given that a number of factors influence the value of your brain injury claim i.e. special damages.
However, it’s worth pointing out that the figures featured in the JCG only apply to claimants in England and Wales. Contact our advisors at any time if you have questions regarding brain injury compensation payouts in the UK.
A No Win No Fee solicitor for compensation means that you won’t have to pay your solicitor fees if your case does not win. If the outcome is successful, your solicitor will be paid a nominal success fee which is capped by law. This is payable from your compensation.
This type of agreement intends to leave the bulk of the compensation for you. There are numerous advantages to using a No Win No Fee solicitor. For example:
- There are no fees to pay your solicitor upfront.
- There’s nothing to pay your solicitor while your brain damage claim is ongoing.
- You won’t have to pay solicitor fees if the claim is unsuccessful, minimising financial risk.
You could also have the benefit of expert legal advice at every step of the way. To find out more about No Win No Fee agreements, get in touch with our team.
Anyone with access to the internet can benefit from legal advice, and It’s not essential to use a firm local to you. Internet searches can generate a deluge of options, so it can be bewildering trying to find the right solicitor for you.
Our team suggests that you read online reviews to find top quality solicitors. Additionally, you should also ask yourself the following questions:
- What kind of compensation did other people receive?
- Did these lawyers settle the case satisfactorily?
- Was the communication with the client clear and consistent?
- How much do they estimate your brain damage claim to be worth?
These questions are useful to ask as a way of narrowing your search. Alternatively, you could let our friendly team handle everything. They can put you in touch with our panel of personal injury solicitors. Find out how by giving them a call today on the number on this page, or sending a message through the live chat box for a no-obligation discussion.
Get in touch with us today! Our team is here for you 24/7 and they offer free legal advice with no obligation to continue with our services if you choose not to.
We have an article that provides advice about claims against the council.
We also have information about accident hot spots.
Read more on how to claim for an accident while shopping.
If you’re still able to drive after a traumatic brain injury, be sure to notify the DVLA.
The NHS’ North West Boroughs Healthcare has a helpful and informative site on brain injury.
Headway is a charity dedicated to supporting those who’ve suffered brain injuries. See if they could help you or your loved one.
Thank you for reading our guide to making a brain damage claim.