How To Make A Serious Brain Injury Claim

Serious brain injury

Serious brain injury claim guide

By Daniel Janeway. Last Updated 5th April 2023. This guide will explain how to make a serious brain injury claim for compensation. Suffering from head injuries and brain injuries can severely impair a person’s life. A head injury such as a concussion can cause temporary brain injury. A minor head injury may cause unpleasant symptoms such as fatigue, dizziness and headaches. However, a serious brain injury causes permanent brain damage.

A serious brain injury could happen when there is physical damage to the brain. The injuries may cause bleeding, bruising and damage to brain tissues. After a serious brain injury, the injured person may experience long term complications, such as physical and mental disabilities. In some cases, the injured person may no longer be able to live independently. Or it may be so severe that the injury is fatal.

Traumatic head injury symptoms include the following:

  • Paralysis
  • Headaches
  • Cognitive problems
  • Loss of consciousness, or falling into a coma

Begin Your Claim Today

You may be eligible to claim compensation if you have suffered a traumatic brain injury that was not your fault. The compensation payout can help pay for any care or medical requirements you may have. Moreover, you could act as a litigation friend to claim head injury compensation for another person who cannot claim for themselves.

To begin your serious brain injury compensation claim, don’t hesitate to contact Public Interest Lawyers today. Our advisors will review your case along with any evidence that you have managed to collect. If they can see that the claim has a good enough chance of being awarded compensation they will ask if you would like to be connected to a specialist brain injury solicitor. Any claims taken on by our panel of solicitors would be managed under a No Win No Fee agreement.

To begin your claim, please use the details below:

  • Call us on 0800 408 7825
  • Contact us via our website
  • Or ask us a question directly, using our Live Support widget.

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When Could You Make A Serious Brain Injury Claim?

If you are wanting to make a personal injury or medical negligence claim for a serious brain injury your case must meet specific criteria. Firstly you must be able to prove that you were owed a duty of care or the person you are claiming on behalf of was. Secondly, this duty will have been breached and the consequential negligence will have caused the brain injury.

There are different types of brain injury. An acquired brain injury is brain damage that happens to a person rather than something the person was born with. There are two types of acquired brain injuries.

  • A traumatic brain injury (TBI) happens because of a trauma to the head. For example, the person experiences a blow to the head because of a car accident or a violent assault.
  • A non-traumatic brain injury happens when the body experiences a medical emergency. For example, if a patient has a stroke.

Causes of traumatic brain injuries include the following:

  • Slip, trip and fall accidents. Hazardous flooring can cause slip or trip and fall accidents.
  • Road traffic accidents, resulting in a serious blow to the head.
  • A violent assault occurs, where the assailant may use a heavy object to hit the victim.
  • Accidents at work can cause serious brain injury. For example, a falling object can strike a warehouse worker on the head.

As we have mentioned, a non-traumatic brain injury can be caused by a medical emergency, such as meningitis or a stroke. Sometimes the injuries may be caused by medical negligence. For example, a doctor may fail to monitor a baby properly during childbirth. Therefore the baby could be deprived of oxygen during birth, causing permanent brain damage.

Acquired Brain Injury Statistics

According to Headway a registered charity for those who have suffered a brain injury reveal some very interesting statistics.

  • In 2016-17 there were 348,453 hospital admissions in the UK with those who had suffered an acquired brain injury ABI.
  • There were 954 daily hospital admissions in the UK for an ABI.
  • Men are 1.5 times more likely to be admitted to hospitals than women with an ABI.

Who Could Make A Serious Brain Injury Claim?

To make a serious brain injury claim following a personal injury, criminal assault or medical negligence it must be proven that another party caused the injury. For personal injury and medical negligence claims, this party must have owed you a duty of care. Moreover, you can act as a litigation friend to claim compensation for a brain injury on behalf of someone else if the person cannot claim for themselves. Let’s look at this in more detail below.

Claiming On Your Behalf

You can claim compensation for a serious brain injury caused by a breach of the duty of care owed to you. To claim brain injury compensation, you must prove the following:

  • Firstly, the defendant owed you a duty of care.
  • Secondly, the defendant acted negligently, causing an accident.
  • And finally, the accident must have directly caused your serious brain injury.

Claiming On Behalf Of Another Person

You may have a next of kin relative who cannot claim compensation for themselves due to mental incapabilities or because they are under the age of 18. Therefore you can act as a litigation friend and claim on the person’s behalf.

You can claim compensation on behalf of the following parties:

  • A child or young person who is under eighteen.
  • A person who does not have the mental capabilities to claim for themselves.

To find out more information about the process of making a serious brain injury claim please call our advisors today. They can offer free legal advice in a no-obligation chat and tell you if the claim is valid.

Claiming Compensation After A Fatal Accident

Unfortunately, acquired brain injuries can be fatal. Under the Fatal Accidents Act 1976, relatives can claim compensation for someone who has died in a fatal accident caused because of negligence.

Limitation Periods

Is there a time limit for making a serious brain damage claim? Yes. According to the Limitation Act 1980, there is a three-year time limit from the accident. Or the date that a doctor diagnosed a patient’s injuries.

As a child under the age of 18 years old can not represent themselves their time limit does not begin until they are 18. A parent or guardian can act as a litigation friend up until the child turns 18 to make the claim on their behalf. If no claim is made the claimant then has until they are 21 to begin their own claim.

If a person does not have the mental capabilities to pursue their own claim the time limit is frozen. The time limit will begin from the date of their recovery. In the meantime, a claim can be made by a litigation friend. This is also the case if the claimant may not recover enough mental capacity to claim alone.

The Criminal Injuries Compensation Authority CICA was set up by the Government to support victims of violent crime. If there is no other way, a victim of crime could make a claim for compensation through this authority. Generally, they have 2 years to do so.

Evidence You Could Present When Making A Serious Brain Injury Claim

When making a brain injury claim, evidence needs to be presented to prove the injury was caused by the negligence of someone who owed you a duty of care. Here are some examples of evidence it can be helpful to gather:

  • Visual evidence – Dashcam/CCTV footage and photographs could prove you were injured and also how it was caused.
  • Witness contact details – If there were others who saw the accident, take their details. They could later provide a statement about what happened.
  • Medical records – You can access these at any time. They will contain information such as X-ray results and other medical evidence relating to a head injury.

Get in touch with our advisors today for more information on evidence to support serious injury claims such as head injuries and more.

How Do I Begin A Traumatic Brain Claim?

Please feel free to contact Public Interest Lawyers to begin your traumatic brain injury claim. We can provide you with free legal advice about claiming. What’s more, we can assign a skilled accident claims solicitor to start working on your claim right away.

Calculating Your Serious Brain Injury Claim Payout

If your serious brain injury claim is successful you can be awarded up to two types of damages. The table includes general damages. General damages look to compensate for the pain and suffering as well as the loss of amenity. The bracket amounts included in the table are guidelines from the Judicial College.

The table does not include special damages payouts.

Degree Of Brain Damage Possible Damages Comments
Very Severe £282,010 to £403,990 Possible victims in this bracket could include those with quadriplegic cerebral palsy where the victim has severe physical and cognitive disabilities. At the high end of settlements, victims may have severe limits on physical movement and senses.
Moderately Severe £219,070 to £282,010 The victim is substantially dependent on other people and has serious disabilities. They may require constant professional care. The disability could affect the persons personality, intellect or involve degrees of limb paralysis.
Moderate (i) £150,110 to £219,070 Injuries may have caused personality changes, moderate to severe deficits intellectually and had an effect on speech and sight.
Moderate (ii) £90,720 to £150,110 The person could have modest to moderate intellectual deficit. Their ability to continue working is either gone, or has been significantly reduced.
Moderate (iii) £43,320 to £43,060 The injury could have impacted the persons memory and concentration as well as their ability to work. There is a small chance of the person suffering epilepsy.
Less Severe £15,320 to £43,060 This victim could be able to make a good recovery and return to work as well as other activities.
Minor Head Or Brain £2,210 to £12,770 Payouts will reflect how serious the initial injury was, how long it took to recover from it, if the person still has any symptoms and if they experience headaches or not.

Of course, the amount of compensation paid varies from case to case. So, an advisor can estimate how much you claim based on your circumstances.

In addition, you may be eligible to claim special damages. Special damages pay for expenses you may have because of your injuries. Here are some examples of special damages you can claim.

  • Medical expenses, including the cost of rehabilitation
  • Mobility equipment expenses
  • Funds to adapt your home or car
  • Travel expenses
  • Specialist care expenses
  • Loss of earnings and income

Why Chose A No Win No Fee Solicitor

We can provide you with a No Win No Fee solicitor to handle your serious brain injury claim. With a No Win No Fee solicitor, there is no upfront solicitors fee to pay. Instead, if your solicitor wins your claim, they will charge you a success fee. However, you will not have to pay a success fee if the claim is unsuccessful.

You will sign a Conditional Fee Agreement to formalise your No Win No Fee claim.

To begin your serious brain injury compensation claim, please contact Public Interest Lawyers today. Alternatively, call us on 0800 408 7825 or use the Live Support widget to speak with a claims advisor.

Brain And Head Injury Resources

We appreciate you taking the time to read our guide to claiming compensation for a head injury. Please feel free to read these related guides to learn more.

Accident In Public Not My Fault

Public Street Injury Claims Guide

Child Accident In Public Place Compensation Claim Guide

An NHS guide to head injuries and concussions.

NHS information on brain injury rehabilitation.

A guide to types of brain injuries, from Headway. Headway is an organisation that supports people with brain injuries.