Have you suffered a brain injury from an accident which wasn’t your fault? Did someone have a responsibility for your health and safety but failed in this duty? This guide has been produced to talk you through the claims process for a brain damage payout. It will cover topics which will be key for a car accident claim. We explain the necessary steps to take and detail an example case study with a victim receiving £98,000.
Throughout this guide, we will refer to ”duty of care” and how if this has been breached could form the basis of a compensation claim. In order to have a valid claim for compensation firstly, it must be proven that you were owed a duty of care in which was breached. This breach will have directly caused your suffering. You may have suffered psychological injuries or physical injuries some may even suffer both.
Ahead of you reading the main sections of this guide, keep in mind that we’re accessible 24/7. This means you could contact us at any time to chat about how to make a compensation claim.
Calling our team will give you access to free legal advice. Our advisors can assess your case for free with no obligation at all to proceed with a claim.
Choose A Section
- Calculate Compensation For A Car Accident Injury Guide
- What Is Brain Damage?
- Financial Issues From Brain Injuries
- Car Accident Injuries
- Lawyers Who Value Compensation Settlement
- Additional Care Claims
- Case Study: £98,000 Compensation For A Car Accident Injury
- Brain Damage Payouts Calculation Estimates
- No Win No Fee
- Find Helpful Personal Injury Solicitors For Brain Damage Payouts
- Our Team
- Additional Clicks To Learn More About Brain Damage Payouts
Calculate Compensation For A Car Accident Injury Guide
This guide covers many significant elements of the claims process. Amongst these are a definition of brain damage, accident scenarios resulting in brain injuries and care claim options. We also detail the positives of No Win No Fee agreements and the negatives of compensation calculators.
Time Limit In Personal Injury Claims
Your window in which to make a claim lasts three years. This runs from the day you had been injured or when you gained knowledge. For victims lacking the mental capacity to claim after an accident, a friend or relative may process the claim on their behalf. This person would then be their litigation friend. But if the victim regains mental capability, their 3-year window then begins from there. There are other time limit exceptions. Get in touch to ask any questions.
Brain damage can take many forms. You can have very mild brain damage that causes typical symptoms such as loss of consciousness at the time of injury, headaches, nausea and vomiting. However, when we look at severe brain damage this would include the person only able to follow basic demands, there would be little meaningful response to the environment, double incontinence and no language function.
For a minor brain injury, the victim may return to normal within weeks. But for more severe injuries the victim may never return to a pre-trauma state. The victim may always suffer from speech problems and other related symptoms for the rest of their life. Brain injuries can change a person’s life instantly, they may have to adapt to a whole new way of living. Those who suffer brain injuries may need months of rehabilitation.
The more severe the brain damage is, the greater the brain damage payout could be. But of course, victims would prefer not to have to suffer such an injury in the first place. If you are in this position, though, talk with our team today for further advice.
Financial complications from brain injuries could certainly include time off work during a recovery period. Depending on the severity, it could be anything from a few weeks to a few months without pay. And in the most serious cases, the brain injury could prove to be career-ending. This places the victim under significant financial pressure, because they suddenly have no income stream while dealing with a life-changing injury.
Add to that medical costs and potential home modification requirements, and things could undoubtedly seem bleak from a financial standpoint. Many who suffer brain damage may need a carer for additional support at home which can have very high costs. If a personal injury claim is successful then the claimant can include any losses and expenses they have incurred now and in the future as part of their claim. Use our 24/7 Live Chat to find out more information.
If claiming negligence to receive a brain damage payout, you must meet these three levels of criteria:
- A third party owed you a duty of care;
- Yet somehow a breach of that duty occurred, causing an incident;
- And the result of the incident was you being hurt, an example being you suffering a brain injury.
The typical scenario where a brain injury might occur would be a road traffic accident (RTA). The Highway Code’s duty of care applies to all road users: drivers, cyclists, and pedestrians. But that doesn’t mean a collision can’t occur. And a serious crash could leave the victim suffering a significant, life-changing brain injury. Although brain damage payouts could be attained, multiple injury claims might be an option if multiple injuries are suffered.
Mind you; there are other areas where this could happen. For example, public liability (PL) covers the duty of care applied by the Occupiers’ Liability Act 1957. This is designed to circumvent accidents in public places, but what if you’re still injured in a public place? And to a severe degree as well. A potential accident in a public place could be a car park accident. Though an RTA would be the situation causing brain damage, if the occupier of the car park was responsible due to a breach in legislation they could be the responsible party for claiming against.
There is also employer’s liability (EL). The Health and Safety at Work etc. Act 1974 applies a duty of care to protect employees from workplace accidents. If you are provided with a company car that is faulty this could cause a crash. Consequently, this could lead to a brain damage injury. Meaning, a potential accident at work claim could be made against an employer.
Find out more about accident situations by chatting with our expert team today.
Personal injury lawyers could value your potential brain damage payout in two forms. General damages would be the first, focusing on your pain, loss of freedom and independence and related suffering. There would be a figure placed on the direct impact caused to your life by this brain injury. And special damages would be the second, which focuses on additional consequences of the injury. These would cover the likes of loss of earnings or future loss of earnings if you are unable to return to work, medical bills and any potential home or car modifications. Special damages can also cover any care you need whether this is from a nurse or a carer, a cook or cleaner. Bear in mind how much life may change if a brain injury is particularly severe.
Before this, though, you would be undergoing a full medical assessment of your brain injury. This hugely influences your settlement estimate because it provides complete clarity on your condition, both now and for the foreseeable future. It would indicate the recovery period and/or lifestyle changes necessary following your brain injury. And it could provide conclusive evidence that, but for the original accident, you wouldn’t have been hurt.
This is a vital part of the claims process, one that we’re happy to explain further should you contact our knowledgeable team.
Care claims could enhance the value of your brain damage payout if your case is successful. This focuses on such elements of post-injury aftercare as:
- The assistance from friends and family (generally called “gracious care”);
- Using a nurse or a carer regularly at home;
- Hiring other professionals to handle basic home chores, from gardening to painting.
You would be wise to retain invoices or receipts to support the latter two examples. Call us via the number at the top of the page to ask us about care claim breakdowns.
Mrs Rogers, 48, worked as a bank manager. She was highly regarded as a crucial part of the team. Away from work, she enjoyed holidays with her family and making a difference to the local community.
But Mrs Rogers’ life was about to change significantly, and not for the better. One evening, Mrs Rogers was driving home from work. However, as she came towards a dual carriageway, out of nowhere came a taxi at high speed. Before she could realise what was happening, the taxi collided hard into the right side of her vehicle.
Mrs Rogers was knocked unconscious, and there were initial fears for her life. Thankfully, she was revived at hospital, though the consequences were devastating. After initial analysis, it was determined that Mrs Rogers had suffered a significant brain injury.
The injury and subsequent complications left Mrs Rogers hospitalised for a month. At that point, and in contrast to medical expectations, she had recovered sufficiently enough to return home. Nevertheless, her recovery would have to continue there, with no clear answer to when she could return to work. During this time, it became clear of the true extent of Mrs Rogers’ injuries. The main issue was not being able to concentrate for long periods of time.
The story had shocked and saddened those who lived in the area. A genuinely beloved and kind-hearted figure had seen her life significantly altered. In the meantime, her husband hired a nurse to help look after her. It was not until 12 months later that Mrs Rogers’ made an almost full recovery and was able to return to work.
Mr Rogers spoke with a personal injury solicitor, who confirmed that the taxi driver had breached a duty of care via the Highway Code towards Mrs Rogers.
Mrs Rogers was awarded a £98,000 brain damage payout, which included general damages and special damages.
Type Of Special Damages Includes: How Much?
Lost Earnings Costs of being unable to work as a bank manager. £50,000
Medical Costs Costs of medical treatment during her recovery - Rehabilitation £2,500
Nursing Costs Costs of hiring a nurse to look after her during her recovery £4,000
Transport Cost of alternative transport £500
Note: The above scenario involving Mrs Rogers is purely an example and serves only as a template within this article.
If we were to use an online personal injury claims calculator, you would only receive an estimate, which is why we avoid using one! We would rather know about how your brain injury affects your daily life and lifestyle changes in the aftermath. Only by truly knowing all factors of your case can an accurate estimate be achieved.
Therefore, we would ensure that your brain damage payout estimate is tailored to your situation and yours alone. Best of all, the process of receiving a figure estimate is free, even if you don’t move your case forward. Please speak to our helpful team to learn more.
No Win No Fee agreements are in place for those who want legal help with a claim but do not have the funds to pay for solicitor’s services upfront. You would only pay your No Win No Fee solicitor if they won your case for you. The fee would be taken from your compensation at a capped rate. The rest of the award would be sent to you.
Drop us a line to chat with our friendly team regarding No Win No Fee solicitors.
If you want to find the most suitable personal injury solicitor, you should highlight those who specialise in brain injuries. There are many different injuries that solicitors deal with, and of varying levels of severity too. It’s logical to target those who have experience handling and winning brain damage payout cases.
Our panel of personal injury solicitors have years of experience with successfully managing brain damage claims. And they could successfully handle your case as well. Simply get in touch via telephone, and they’ll take care of you from there.
At this stage, we would like to hear about your brain injury accident. You can telephone 0800 408 7825, complete the contact form or message via the Live Chat. We offer 24/7 support, and even after you first speak to us, you still don’t have to pursue your claim.
You can gain further insight about brain damage payouts along with related information by using the links below.
The Public Interest Lawyers homepage details compensation cases.
This includes road accidents due to public transport.
And we also discuss public injury claims.
The NHS has a page which delves into head and brain injuries.
This also covers treatments for head and brain injuries.
Finally, you can also take a closer look at the Highway Code.
Article by AR
Publishers LA, NU.