A serious head injury can have life-altering consequences and leave the person needing constant care for the rest of their lives. You may be searching for information on how to make a head injury claim after an accident like this. If the actions of others lead to you suffering a head injury at work, in public or on the roads, this guide on personal injury claims can help.
In the following sections, we explain what a head injury is and who might have grounds to start a compensation claim for one. Additionally, we explain how compensation is valued and look at the areas of harm it can cover, such as the physical, psychological and financial impacts.
We also discuss the benefits of working with a solicitor on our panel on a No Win No Fee basis when making a head injury compensation claim.
If you have any questions about how the head injury claims process, or to discuss your particular case, you can contact a friendly member of our advisory team:
- Give us a ring on 0800 408 7825
- Chat with advisors through the live chat pop-up.
- Fill out our online form to receive a reply whenever you’re available.
Jump To A Section
- What Is A Head Injury Claim?
- How Do I Start A Head Injury Claim?
- How Much Head Injury Compensation Could I Receive?
- Can I Claim For Head And Brain Injuries On A No Win No Fee Basis?
- Read More About Personal Injury Claims
- FAQs About Head Injury Claims
What Is A Head Injury Claim?
A head injury claim is a type of personal injury claim taken against a third party who was responsible for injuring you. Valid claims can apply for any type of head injury ranging from mild to traumatic brain damage.
To have a valid compensation claim, you will need to demonstrate that a third party breached a duty of care they owed you. Some examples of when you are owed a duty of care and how this could to ahead injury are set out below.
Accidents At Work
In the UK, employers are subject to a duty of care as outlined in the Health and Safety at Work etc. Act 1974 (HASAWA). It requires them to take reasonable steps to ensure the safety, health and welfare of employees whilst carrying out their jobs. Broadly, this involves actions such as conducting regular assessments of risk and providing essential personal protective equipment (PPE) such as hard hats to limit an accident at work.
If an employer were to breach this duty of care, it could lead to a workplace accident, for example:
- While working on a construction site, your employer failed to provide you with a hard hat. This caused you to suffer a head injury when some construction materials fell on you from a height.
Accidents In A Public Place
The party in charge of an area open to the public has a duty of care to ensure their reasonable safety while using the facilities as intended. This is outlined by the Occupiers’ Liability Act 1957. This duty of care obliges those in charge to check their premises for hazards to the public and ensure unavoidable issues are clearly indicated, such as low ceiling beams on which someone could hit their head.
If an occupier were to breach this duty of care and you were injured as a result, you may be able to make a public liability claim. For example:
- A hotel failed to properly secure an overhead light fixture in their lobby. This causes the light fixture to fall onto you, and you suffer multiple injuries, including brain damage and broken limbs.
Road Traffic Accidents
All road users are required to travel the roads and operate vehicles responsibly and carefully, avoiding harm to themselves and other road users. In addition to this, to fully meet their duty of care they must adhere to the law as outlined in the Road Traffic Act 1988 and the rules and recommendations in the Highway Code to best avoid road traffic accidents.
If another road user were to breach their duty of care, this could lead to you suffering an injury in an accident. For example:
- A drunk driver collides head-on with your car, causing you to suffer a severe head injury, dislocated shoulder and broken leg.
To have a valid head injury claim, the following eligibility criteria will need to be met:
- A duty of care was in place at the time of the accident.
- The relevant third party breached their duty of care.
- This caused you to suffer an injury.
To see if you have a valid case, or to ask any questions regarding the head and brain injury compensation claims process, you can contact one of our advisors.
How Do I Start A Head Injury Claim?
After suffering a head injury, you should first seek medical attention. The medical reports generated from this visit could be used as evidence to support your claim.
Other forms of evidence that could help support head injury compensation claims include:
- Video footage of the accident, such as from a dashcam or CCTV.
- Gathering the contact information of eyewitnesses so a statement can be taken from them later.
- Photgraphs of the accident site and your visible injuries, such as lacerations.
Additionally, you may want to seek some legal help. If you contact our advisors about your head injury claim today, they can offer you free advice, answer your questions, and potentially connect you with one of the solicitors on our panel.
To learn more about the head and brain injury claims process today, contact a friendly member of our advisory team.
How Much Head Injury Compensation Could I Receive?
The compensation awarded to you if your head injury claim is successful can be made up of two types of loss. The first is known as feneral damages and it compensates you for any physical and psychological injury caused by the accident.
Some factors that could affect how much you receive in general damages include:
- The severity of your initial injury.
- What your expected recovery looks to be.
- Any loss of amenity suffered.
To apply a value to general damages, those responsible may refer to your medical evidence as well as the Judicial College Guidelines (JCG). This publication sets out guideline compensation brackets for a variety of injuries, based on their type and severity.
Below we have listed some of the JCG entries relating to head injuries as well as their compensation guidelines. Please note, however, that the first entry does not come from the JCG.
Compensation Guidelines
| Area of Harm | How Severe? | Guidelines |
|---|---|---|
| Multiple Severe Harm and Special Damage Award | Severe | Up to £1,000,000+ |
| Head/Brain | (a) Very Severe | £344,150 to £493,000 |
| (b) Moderately Severe | £267,340 to £344,150 | |
| (c) Moderate (i) | £183,190 to £267,340 | |
| (c) Moderate (ii) | £110,720 to £183,190 | |
| (c) Moderate (iii) | £52,550 to £110,720 | |
| (d) Less Severe | £18,700 to £52,550 | |
| (e) Minor Injury | £2,690 to £15,580 | |
| Epilepsy | (a) Established Grand Mal | £124,470 to £183,190 |
| (b) Established Petit Mal | £66,920 to £160,360 |
Special damages is the other head of loss you may be awarded, and it compensates you for the financial harm you have experienced because of the head injury. In order to include special damages as part of a head injury claim, you need to put forward documented evidence that shows the out-of-pocket costs to you. This includes:
- Payslips showing a loss of earnings due to needing to take time off work.
- Invoices for receiving at-home care.
- Receipts or fare tickets for travel expenses to essential medical appointments.
To see how much compensation you could potentially receive for your head injury claim, you can contact one of our advisors.
Can I Claim For Head And Brain Injuries On A No Win No Fee Basis?
If you have a valid head or brain injury claim, one of the solicitors on our panel could help you with your case. For example, as part of their services, they could help you with:
- Gathering evidence.
- Communicating with the defendant.
- Negotiating your compensation.
Furthermore, the solicitors on our panel generally offer their services via a Conditional Fee Agreement (CFA). With this type of No Win No Fee agreement in place, some of the benefits you can experience include:
- Work can begin on a claim without upfront solicitor service fees being owed.
- As the claim moves ahead, no ongoing solicitor service fees are needed.
- Claims that don’t win require no fees for the solicitor’s completed services.
- Should the claim win, the solicitor deducts a success fee. This amount is a percentage of the compensation awarded. Also, it is subject to a legal limit, ensuring that the claimant always receives the bulk of their compensation settlement.
Rather than face a head injury claim alone, find out if expert representation like this could help you. Start by connecting with our dedicated advisors. If they find your compensation case appears to be strong, and you are happy to proceed, they can connect you to a solicitor from our panel:
- Give us a ring on 0800 408 7825
- Chat with advisors through the live chat pop-up.
- Fill out our online form to receive a reply whenever you’re available.
Read More About Personal Injury Claims
- Here we look at serious head injury claims in more detail.
- This guide explores a case study for £17,000 in compensation for a car accident head injury claim.
- Further guidance on how to make a head injury at work claim is discussed within this guide.
External resources:
- The brain injury charity Headway offers support here.
- Information about statutory sick pay (SSP) from GOV.UK if you can’t work.
- Information and help regarding head injuries and concussions from the NHS.
FAQs About Head Injury Claims
Is There A Time Limit For Head Injury Claims?
Typically, the time limit for personal injury claims is three years, as per the Limitation Act 1980. This runs from the date that the accident took place.
However, certain exceptions apply to those injured under the age of 18 and those lacking the mental capability to handle their own claim. You can contact our advisors to learn more about these exceptions.
Can I Claim For A Head Injury On Someone Else’s Behalf?
You could be eligible to claim on behalf of a minor who was injured or if the injured person lacks the mental capacity to make their own claim.
You can apply to the courts to act as a litigation friend on their behalf. As their litigation friend, you will be expected to act in the claimant’s best interest.
Can I Claim For A Head Injury If It Was Partly My Fault?
You could still make a personal injury claim even if you were partially at fault for your injuries. However, you will still need to prove that a relevant third party breaching their duty of care also contributed to your injuries.
In this instance, if your claim is a success, the amount of compensation you receive will be affected by how liable you are deemed to be. For example, if you are considered to be 50% responsible for your injuries, you will receive 50% of the compensation you would have received had you not been liable at all.
If you have any further questions regarding how to make a head injury claim, you can contact a friendly member of our advisory team today.