If you have suffered a head injury causing a concussion, you could be eligible to claim compensation. A concussion is a type of brain injury which may be caused by a traumatic knock to the head. It could occur whether you remained conscious or not. In our guide to concussion compensation claims we look at when and how you could make a successful claim.
We begin by covering the criteria your claim will need to meet. Then, you can find a breakdown of how compensation may be calculated. Following this, we look at potential causes of concussions. Next, our guide takes you through the claims process. Finally, you can find information on how our panel of solicitors could help you to make a personal injury claim.
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Browse Our Guide
- Am I Eligible To Claim Compensation For A Concussion?
- How Much Compensation You Could Claim
- What Is A Concussion?
- Common Causes Of Concussion Injuries
- How To Start Your Concussion Compensation Claim
- How Our Panel Of Solicitors Can Help You Claim
- More Information
Am I Eligible To Claim Compensation For A Concussion?
You may be eligible to make a concussion compensation claim if you can show your accident was caused by someone else’s negligence. Depending on the circumstances of your accident, different legislation may be applicable. However, in general, personal injury claims must meet these criteria. The criteria are that a road user, an employer or the occupier of a public space had a duty of care to you. Their breach of this duty of care caused you to be injured. Below, we examine the legislation relevant to each type of claim.
A Road Traffic Accident
Each road user has an obligation to ensure the safety of other road users. They should use the roads in a way which does not cause harm to others. To do so, they must comply with legislation such as The Road Traffic Act 1988 as well as guidelines and rules in the Highway Code.
An Accident At Work
Your employer is responsible for your health and safety in the workplace. Per this duty of care, they must take reasonable steps to ensure this. They must also ensure that they are in compliance with legislation such as the Health and Safety at Work etc Act 1974.
An Accident In A Public Place
The party controlling a public space, such as a supermarket or cafe, is known as the occupier. Under The Occupiers’ Liability Act 1957, this party must take reasonable steps to make sure the general public can safely use the space.
Learn more about making a concussion compensation claim by contacting our team.
How Much Compensation You Could Claim
You may be wondering how much compensation for a concussion you could be eligible to claim.
The figures in the table are presented only as guidelines on what may be claimed for different types of brain damage or head injury. They do not necessarily indicate what you could be awarded. This is because concussion injury claims may be valued based on their own merits.
When assessing your claim, a solicitor will look at the type of brain injury you suffered and how seriously this has affected you. Whilst many concussion injuries may be recovered from in a short period of time, some may be left with longer-term injuries such as post-concussion syndrome.
In many cases, personal injury claims are made up of two parts. The first of these is general damages paid out for your injury. They may be calculated by using references such as the Judicial College Guidelines (JCG). Rows 2-10 of the table use figures from the document. The first figure shows what you could get when also awarded special damages, this was not taken from the JCG.
| Injury Type | Severity | Damages |
|---|---|---|
| Multiple (serious) forms of injury | Serious or severe | Up to £1,000,000+ where special damages are also awarded. |
| Brain injury | Very severe - A | £344,150 to £439,000 |
| Brain injury | Moderately severe - B | £267,340 to £344,150 |
| Brain injury | Moderate - C (i) | £181,190 to £267,340 |
| Brain injury | Moderate - C (ii`) | £110,720 to £183,190 |
| Brain injury | Moderate - C (iii) | £52,550 to £110,720 |
| Brain injury | Less severe - D | £18,700 to £52,550 |
| Brain injury | Minor injury - E | £2,690 to £15,580 |
Special Damages – How They Affect Your Claim
If you successfully claim compensation for a concussion, you could reclaim financial losses related to the case. You may be able to claim for loss of earnings or other types of costs.
Examples of other types of costs you could be compensated for:
- Medical costs – this could include the cost of medical care, treatment for your injury, out of pocket costs for medication.
- Domestic help or care – you may require assistance in the home whilst recovering from your injury.
- Travel costs – if you need to travel to attend a medical appointment.
To successfully claim for any of these types of damages, you will have to submit supporting evidence. You could present a copy of your payslip, invoices for medical care or travel tickets and receipts.
Please get in touch with our team for an assessment of how much compensation for a concussion you may be owed.
What Is A Concussion?
A concussion is a minor brain injury often resulting from a traumatic blow to a person’s head. This then causes the brain to shake from side to side, hitting the inner walls of the skull. It is this movement that results in the concussion.
Concussion can cause many symptoms that are typically minor, some of these include:
- Headaches
- Tinnitus (a ringing sound in the ears)
- Vomiting and nausea
- Fatigue and confusion
- Blurred vision and dizziness
- Mild amnesia
The symptoms of concussion can take up to 48 hours to appear following the head trauma. Therefore, it is important to seek medical attention to prevent short-term complications
Although in most cases the effects of concussion are minor, such injuries may impose some greater health risks, such as:
- Post-concussion syndrome – this is when the typical symptoms of concussion last for several weeks or months
- Dementia – this is a condition that affects the function of the brain, causing memory loss, disorientation, and incontinence.
- Chronic traumatic encephalopathy – this is a progressive, degenerative disease causing long-term memory loss, difficulty moving and confusion.
The more serious complications associated with concussion are rare. However, if you are suffering from a concussion, it is important to have it checked by a medical professional to prevent long-term health complications.
If you sustained such injuries in an accident that was not your fault, you may be entitled to compensation for concussion.
To start a personal injury claim for concussion compensation today, contact our helpful advisors.
Common Causes Of Concussion Injuries
Concussions could be caused by a wide range of different types of accidents.
Accidents which could possibly cause a concussion may include:
- Road traffic accidents, such as motorcycle accidents, cycling accidents or car crashes could all lead to occupants, riders or pedestrians suffering a head injury.
- A slip, trip or fall in which you strike your head on the ground.
- Being struck on the head by a falling object. This could happen in the workplace
These are just some examples of how you could suffer a concussion. Please contact us to find out if you could be eligible to make a claim.
How To Start Your Concussion Compensation Claim
All personal injury claims must follow the process. However, before you begin the claims process, you may take steps such as getting medical attention. A concussion may not present for up to 72 hours, so it is important that you are aware of any potential symptoms and seek medical care if you suspect you have suffered a head injury. The NHS provides advice for people who have been concussed.
When you get medical care you can also request a copy of your medical records. These may help to prove you were concussed, that you received medical care and your prognosis.
Gathering Necessary Evidence
Your next step may be to gather evidence which shows what accident you suffered, how it occurred and who could be liable for it.
You could collect,
-
- Photos of the accident scene. For example, if you were injured in a slip, trip or fall, you could photograph the hazard which caused your accident, such as in a broken pavement accident.
- CCTV footage if any captured your accident taking place.
- Proof of lost income and earnings.
- Your medical records (as discussed above).
- Collect the contact details of any witnesses to your accident.
Next, we look at how long you have to claim compensation.
How Long You Have To Make Your Claim
Strict time limits apply to any personal injury claim. In most instances, there are three years from the date you were injured (or when you became aware of an injury) in which to make a claim. This time limit is set by the Limitation Act 1980.
A claim could be made after this time limit in certain circumstances. For example, if a child suffered a concussion they could not claim on their own behalf until their 18th birthday. This is when the time limit would commence. If the person harmed was unable to claim on their own behalf due to a lack of mental capacity, no time limit would be applicable.
In these cases, whilst the time limit is not in effect another person may claim on their behalf. To do so, they can apply to the court to be appointed as a litigation friend.
Will I Have To Go To Court?
When making concussion injury claims there is a chance that you will have to go to court. Whilst most cases may be settled between the parties to the claim, in some instances it may need to go to court.
Instances where your case may need to go to court include where the defendant disputes their liability for an accident or your injuries. Cases may also need to go to court where the defendant and claimant are unable to agree a settlement.
If your concussion compensation claim does need to go to court, one of our panel of personal injury lawyers could help you to make a claim.
How Long It Can Take To Receive A Compensation Payout
Aside from wondering how much compensation for concussion could be claimed, people also wonder how long an accident claim may take. Factors which could affect how long a claim takes may include the complexity of either the accident or the injury.
The more complex an injury, the longer it may take for you to get a complete diagnosis of the injury and prognosis of your recovery. Treatment may similarly take longer. This can increase the amount of time it takes your claim to be assessed.
Our team could help to assess your concussion compensation case.
How Our Panel Of Solicitors Can Help You Claim
Our panel of personal injury solicitors could help you to make a concussion compensation claim on a No Win No Fee basis. They may do so by offering to take your case on through a Conditional Fee Agreement (CFA).
There are benefits to your solicitor offering you a CFA. These include having nothing to pay either upfront or whilst the claim is in progress. In addition to this, under the terms of a CFA you would not be charged for their services if your claim isn’t successful.
Instead, you would only pay if your concussion claim is successful. If it is, your solicitor would deduct a legally limited success fee.
Get in touch with us today to see if one of our panel of No Win No Fee solicitors could help you.
- Call 0800 408 7825 to speak to an advisor.
- Contact us online by completing our form.
- Tell us what happened using our live chat.
More Information
Learn more about personal injury claims in these guides.
- Read more about road traffic accident claims in this guide.
- View our guide on how to make an accident at work claim.
- Find out if and when an interim payment may be made towards an injury claim.
External resources
- Learn more in this guide from the NHS on a head injury or concussion.
- Check how Statutory Sick Pay is calculated in this guide.
Thank you for reading our guide on when and how to make a concussion compensation claim. Please contact us if you have any further questions about how personal injury solicitors could help you.
