Could I Make A Personal Injury Claim For A Head Injury?

This guide will provide you with information about making a personal injury claim for a head injury. It will discuss the criteria that must be fulfilled in order to seek compensation as well as the time limit in place to start legal proceedings. Also, it will discuss the evidence you could gather to support your case. 

There are several ways you could sustain a head injury, such as in an accident at work, road traffic accident and public place accident. We will explore how these could occur if a third party breaches the duty of care they owed you. 

Additionally, we will discuss the compensation you could be owed if your claim succeeds and how your settlement could be calculated.

Please continue reading for more information. Alternatively, you can contact one of our advisors. They may connect you to a solicitor from our panel who has experience dealing with claims similar to your own. To get in touch, you can:

  • Contact us by filling out our online claim form.
  • Call one of our advisors on 0800 408 7825.
  • Speak to one of our advisors using our live chat.

a man receiving treatment for a head injury

Select A Section

  1. Could I Make A Personal Injury Claim For A Head Injury?
  2. Common Head Injuries
  3. Evidence Supporting Head Injury Claims
  4. Estimating Head Injury Claim Payouts
  5. Begin Your Personal Injury Claim For A Head Injury
  6. Related Head Injury Claims

Could I Make A Personal Injury Claim For A Head Injury?

In order to establish whether you can start a personal injury claim for a head injury, you must prove negligence. This involves the following:

  • Firstly, you were owed a duty of care.
  • Secondly, the duty was breached.
  • Thirdly, this breach caused your injuries.

If you satisfy these criteria, you may be eligible to begin a head injury claim. However, you should also be aware of the time limit, outlined under the Limitation Act 1980, which requires you to begin a claim within three years of your accident. However, there are exceptions to this which you can discuss with an advisor. 

There are several third parties who owe a duty of care, including employers, those in control of a public space and road users. We have provided more guidance on this in the sections below.

Accidents At Work

As outlined in the Health and Safety at Work etc. Act 1974, an employer has a responsibility to take reasonable steps to ensure that the workplace is safe to prevent injuries to their employees. This is the duty of care they owe. 

If your employer fails to do so, you could sustain a head injury in the workplace. For example, they might fail to provide you with necessary personal protective equipment, such as a hard hat while you’re working on a construction site. As a result, you are struck in the head by a falling object and sustain a concussion.

Road Traffic Accidents

Road users have a duty of care placed on them by the Road Traffic Act 1988. This means they need to prevent harm to themselves and others while navigating the roads. Additionally, they must follow the rules set out in the Highway Code. There is also guidance on the responsibilities different road users have in the Highway Code. 

If another road user failed to uphold this duty, it could have led to you becoming injured. For example, a driver fails to check their mirrors before overtaking causing a head-on collision in which you sustain a severe head injury.

Public Liability Claims

The person in control of a public space has a duty of care to ensure the reasonable safety of visitors using the space for it’s intended purpose. This is outlined in the the Occupiers’ Liability Act 1957.

If there is a failure to do so, you could be caused harm in a public place accident. For example, you may slip, trip or fall on a spillage in a supermarket due to no wet floor sign being put down. As a result, you experience a mild injury to the head.

To discuss your specific accident and find out whether you could begin a personal injury claim for a head injury, get in touch on the number above.

Common Head Injuries

There are several types of head injuries that could be sustained in an accident, such as:

The impact of these injuries could be physical, psychological or financial. If you are awarded a settlement, it could comprise compensation that will address the different ways you have been affected by your injury. For more information, get in touch on the number above.

Evidence Supporting Head Injury Claims

Evidence can help to prove negligence as well as provide an insight into the extent of the injuries you suffered. For example, it can show the way your injury impacted you psychologically, physically and highlight any financial losses you incurred due to your injury. 

Below, we have provided examples of the evidence you could gather to prove your personal injury claim:

  • CCTV or dashcam footage of the incident.
  • Medical records.
  • A diary illustrating the physical and psychological damage your injury caused.
  • Contact details from witnesses who can make a statement at a later date.
  • Pictures of your injuries and the hazard that caused or contributed to the accident.

A solicitor from our panel can help you collect evidence in support of your claim. Additionally, they can help you build and present your case in full within the relevant timeframe.

If you are interested in working with one of the solicitors from our panel, contact our advisors for free today using the details at the top of your page.

Estimating Head Injury Claim Payouts

Personal injury settlements can consist of up to two heads of claim. One of the heads of claim is known as general damages and accounts for the pain and suffering caused by your injury.

Below, we will provide a table of guideline compensation figures provided by the Judicial College Guidelines, a tool used by solicitors to value general damages.

Compensation Table

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Injury Value – Guideline Notes
Very Severe Brain Injury £282,010 to £403,990 Ability to follow basic commands, but little to no response to environment and the need for full-time care.
Moderately Severe Brain Injury £219,070 to £282,010 Seriously disabled with substantial dependence on others and the need for constant care.
Moderate Brain Injuries (i) £150,110 to £219,070 Effect on sight and speech, senses and personality change with a moderate to severe intellectual deficit.
Moderate Brain Injuries (ii) £90,720 to £150,110 The ability work is greatly reduced and there is a risk of epilepsy with a moderate to modest intellectual deficit.
Moderate Brain Injuries (iii) £43,060 to £90,720 Concentration and memory are affected and the ability to work reduced. However, there is limited dependence on others.
Less Severe Brain Injuries £15,320 to £43,060 A good recovery has taken place allowing the person to take part in normal social life and return to work.
Minor Brain Injury £2,210 to £12,770 If there is any damage to the brain, it will have been minimal.
Epilepsy £102,000 to £150,110 Established Grand Mal.
Epilepsy £54,830 to £131,370 Established Petit Mal.
Epilepsy £10,640 to £26,290 Other epileptic conditions.

Please remember these figures are only guidelines. Each claim is unique, with individual factors that affect the claim’s value.

How Are Special Damages Calculated?

The other head of claim is known as special damages, which accounts for the past and future financial losses caused by your injury. Here are some examples of special damages you could claim for:

Evidence will be needed to support these losses, such as:

  • Payslips.
  • Receipts.
  • Travel tickets.

For more information on head injury compensation, contact our advisors using the details at the top of your page. They can provide an accurate estimate of what your claim could be worth.

Begin Your Personal Injury Claim For A Head Injury

Our panel of No Win No Fee solicitors have experience working personal injury claims for different types of accidents. They work under a No Win No Fee agreement and could offer you a contract known as a Conditional Fee Agreement.

The terms of this contract typically mean you won’t need to pay any upfront fee to start your claim and will not be charged any ongoing costs for your solicitor’s services. 

In the scenario that your claim succeeds, your solicitor will deduct a minor percentage from your compensation, known as a success fee. However, the fee is legally capped by The Conditional Fee Agreements Order 2013, so you can’t be overcharged. 

If you would like to make a claim on a No Win No Fee basis, get in touch with an advisor. They can assess your claim for free and determine whether it’s eligible to have a solicitor from our panel begin working on your case. Also, they can answer any questions you may have regarding your potential claim. To reach them, you can:

  • Contact us by filling out our online claim form.
  • Call one of our advisors on 0800 408 7825.
  • Speak to one of our advisors using our live chat.

Related Head Injury Claims

For more of our guides relating to personal injury claims:

For more external links:

Thank you for reading this guide about when you could be eligible to begin a personal injury claim for a head injury. If you have any other questions, please get in touch on the number above.